Planning & Environmental Law

Volume 64 • 2012

Judicial Decisions: Subject Index

The case abstracts are listed by common subject names. Some cases may be found in multiple subject categories.


A | B | C | D | E | F | G | H | I | J | K | L | M |  N | O | P | Q | R | S | T | U | V | W | Y | Z


A

ACCESSORY USES

Storage building larger than 3,300 square feet is not an accessory use in single-family residential district (Mont. 2012) 64 PEL 177

Conditional use variance to allow operation of welding business as a home occupation in a residential, resource conservation district was not arbitrary (N.J. App. 2012) 64 PEL 188

Trial court properly denied fee award where city did not act frivolously or without foundation in pursuing action to require removal of sheds (Idaho 2012) 64 PEL 207

Storage of cranes in pole barn did not constitute a home occupation in violation of township zoning ordinance (Ohio App. 2012) 64 PEL 290

Sale of gasoline is not accessory to retail store in district that permits only indoor retail uses (Pa. App. 2012) 64 PEL 327

ADULT USES

Texas Sexually Oriented Business Fee Act, imposing a per capita fee, is a content-neutral regulation of secondary effects (Tex. 2011) 64 PEL 1

Substantial evidence supported findings that massage business constituted a public nuisance and violated the Red Light Abatement Law (Cal. App. 2012) 64 PEL 166

Ordinance regulating live nude dancing is preempted by state law (Iowa 2012) 64 PEL 305

AESTHETICS

Ordinance prohibiting operation of a "formula fast-food restaurant" in central business district validly regulates use, not ownership, of affected property (N.Y. App. 2012) 64 PEL 306

Although substantial evidence supported denial of permit for cellular tower, trial court did not adequately analyze "effective prohibition" claim (U.S. App., 1st Cir. 2012) 64 PEL 373

AGRICULTURE

Demolition of existing farmhouse, and construction of new farmhouse, does not constitute changed conditions or trigger immunity from nuisance suits for adjoining farm operation (Ill. App. 2011) 64 PEL 33

Stock-watering exemption to permit requirement for water withdrawals is not limited to withdrawals of less than 5,000 gallons per day (Wash. 2011) 64 PEL 65

Ranchers may not sue state for failure to control prairie dogs on public land (S.D. 2011) 64 PEL 78

Association of neighboring farmers and individuals had standing to challenge approval of creamery operation on land subject to agricultural preservation easement (Md. App. 2012) 64 PEL 167

Agriculture irrigation district had standing under the California Environmental Quality Act to challenge subdivision approval, and made a fair argument that the development would contribute to a significant environmental impact, the overdraft of groundwater (Cal. App. 2012) 64 PEL 173

Owners failed to prove entitlement to agricultural exemption from zoning for 6.5-acre property on which they live or for 35-acre parcel rented to tenants (Iowa App. 2012) 64 PEL 208

Use of farm for concerts is protected by Tennessee Right to Farm Act (Tenn. App. 2012) 64 PEL 209

Court upholds issuance of No-Discharge, rather than Pollution Discharge Elimination System, permits for operation housing hogs and using manure as fertilizer (Ky. App. 2012) 64 PEL 240

Residential apartments over horse barn are not permitted "usual farm buildings" (N.J. App. 2012) 64 PEL 241

State may rationally limit standing to challenge concentrated animal feeding operations to those having a primary residence within a one-mile radius (Idaho 2012) 64 PEL 307

Organic farmers, alleging pesticide drift, did not state claims for trespass or under federal organic certification regulations but may have claims for nuisance or negligence per se (Minn. 2012) 64 PEL 308

Agricultural cooperative's construction of warehouse and processing facility are not exempt from special permit and building permit requirements (Mich. App. 2012) 64 PEL 345

AIRPORT/AIR RIGHTS

Town's general zoning authority prevails over Airport Authority's power to "fix and determine exclusively the uses to which the airport lands may be put" (Ind. App. 2012) 64 PEL 275

Standard for a taking in an airplane overflight case is whether overflights have been low enough and frequent enough to have a direct and immediate effect on use and enjoyment of property (Wis. 2012) 64 PEL 309

AMORTIZATION

Ordinance prohibiting check-cashing establishments except in industrial and manufacturing districts is preempted by state banking law (N.Y. App. 2011) 64 PEL 53

ANNEXATION

Developer, who spent $53,000 preparing a plat in compliance with annexation agreement and zoning regulations, has a vested right to proceed (Ill. App. 2011) 64 PEL 29

After-hours bar on parcel lawfully annexed to village must comply with ordinance prohibiting alcohol sales after 2:00 a.m. (Fla. App. 2012) 64 PEL 142

Man-made drainage ditch is not a "creek" for purposes of establishing a boundary for annexation (Ill. App. 2012) 64 PEL 178

Ordinance banning sale of fireworks is not part of the general plan of zoning, and nonconforming use protections do not apply (Tenn. 2012) 64 PEL 197

Property owners failed to establish statutory elements for disconnection (Colo. App. 2012) 64 PEL 242

Board did not lose jurisdiction over annexation by extending public comment period after public hearing (Kan. App. 2012) 64 PEL 243

County cannot require town to continue to use its sewer system, but town did not comply with statutory requirements for operating its own system (Ariz. App. 2012) 64 PEL 301

Annexation proceeding was first in time and had priority over incorporation despite defect in initial notice (Ind. App. 2012) 64 PEL 310

ASSESSMENT

Trial court appropriately exercised independent review to determine whether owner's evidence overcame city's "prima facie proof" that assessment did not exceed special benefit to its property (Minn. App. 2012) 64 PEL 244

ATTORNEY FEES

Substantial evidence supported findings that massage business constituted a public nuisance and violated the Red Light Abatement Law (Cal. App. 2012) 64 PEL 166

Landowners own groundwater in place, so scheme requiring permit for withdrawal may result in compensable taking (Tex. 2012) 64 PEL 176

Storage building larger than 3,300 square feet is not an accessory use in single-family residential district (Mont. 2012) 64 PEL 177

Trial court properly denied fee award where city did not act frivolously or without foundation in pursuing action to require removal of sheds (Idaho 2012) 64 PEL 207

Although opponents had absolute right to challenge variance approvals and demolition of historic structure, bank's counterclaim against them did not merit award of fees (N.J. App. 2012) 64 PEL 245

Board's answers to allegations of fraud and corruption, requesting attorney fees, did not constitute claims under anti-SLAPP statute (Ga. App. 2012) 64 PEL 311

AUTOMATIC GRANT/DENIAL

Deemed approval remedy is not available where board made decision, but did not communicate it, within statutory period (Vt. 2011) 64 PEL 2

Delay in processing permit and site plan approval applications for a quarry did not entitle owner to default approval (N.Y. App. 2011) 64 PEL 49

B

BEACH ACCESS

Maine common law allows the public to walk across intertidal lands to reach the ocean for purposes of scuba diving (Me. 2011) 64 PEL 3

Administrative law judge erred in reversing denial of bulkhead permit to prevent erosion on river side of a peninsula (S.C. 2011) 64 PEL 35

Landowners did not hold title to land accreted by beach replenishment (Tex. App. 2011) 64 PEL 66

Texas does not recognize a "rolling" easement; easements for public use of private dry beach change size and shape with gradual, imperceptible erosion or accretion, but drastic avulsive events such as hurricanes do not cause a public easement to migrate onto previously unencumbered land (Tex. 2012) 64 PEL 179

Easement reserved for public beach access in state's conveyance to borough was not extinguished by borough's failure to fix location (Alaska 2012) 64 PEL 312

BUILDING CODES

Criminalization of refusal to allow warrantless inspection of multifamily dwelling is unconstitutional (N.J. App. 2012) 64 PEL 113

Washington Building Code 2009 amendments are not preempted by federal Energy Policy and Conservation Act (U.S. App., 9th Cir. 2012) 64 PEL 284

Santa Cruz Residential Rental Inspection and Maintenance Program Ordinance is constitutional, not preempted by statute, and not an invalid tax (Cal. App. 2012) 64 PEL 313

City "policy" is preempted by specific language in state building code concerning egress windows (Minn. App. 2012) 64 PEL 314

BUILDING PERMITS

Owner obtained no vested rights with submission of building permit application that did not show stream and buffer and misrepresented existing development (Wash. 2011) 64 PEL 101

C

COASTAL AND WETLAND REGULATION

Maine common law allows the public to walk across intertidal lands to reach the ocean for purposes of scuba diving (Me. 2011) 64 PEL 3

The territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, the line at which the water usually stands when free from disturbing causes (Ohio 2011) 64 PEL 4

Development of former Pease Air Force Base is exempt from town's designation of prime wetlands (N.H. 2011) 64 PEL 34

Administrative law judge erred in reversing denial of bulkhead permit to prevent erosion on river side of a peninsula (S.C. 2011) 64 PEL 35

Texas does not recognize a "rolling" easement; easements for public use of private dry beach change size and shape with gradual, imperceptible erosion or accretion, but drastic avulsive events such as hurricanes do not cause a public easement to migrate onto previously unencumbered land (Tex. 2012) 64 PEL 179

Board of Public Works lacked authority to consider whether the project as a whole should proceed in considering whether to grant a state wetlands license for four elements of the project (Md. 2012) 64 PEL 210

Critical Area Commission for the Chesapeake and Atlantic Coastal Bays acted in quasi-legislative capacity in ordering county to not process variance applications; owner of affected property had no right to hearing (Md. App. 2012) 64 PEL 211

City's interpretation of "foredune" in denying permit for construction near beach was sufficiently "clear and objective" (Or. App. 2012) 64 PEL 215

Department of Environmental Protection acted consistently with statute in exempting power plant from zoning and not requiring discussion of impact on wetlands of purchase of treated effluent that would otherwise be discharged to river (Mass. App. 2012) 64 PEL 236

Coastal Commission lacked jurisdiction to approve amendment to local coastal program proposed by state agencies and not concerning a public works or energy project (Cal. App. 2012) 64 PEL 246

Development of wetlands transition property for a duplex, consistent with local zoning, was exempt from Freshwater Wetlands Protection Act (N.J. App. 2012) 64 PEL 247

Exemption from shoreline development permit requirement, applicable to docks constructed by owners, does not apply to spec docks constructed by developers (Wash. App. 2012) 64 PEL 248

Contract zoning imposing requirements relating to off-site beach access is valid (Me. 2012) 64 PEL 276

"Rolling" moratoria, preventing new dock construction pending update of Shoreline Master Program, did not violate constitutional rights of owners (U.S. App., 9th Cir. 2012) 64 PEL 277

While statutory definition of "high-tide line" includes imprecision, owner, whose conduct clearly violated permitting requirement, may not challenge the definition (Conn. 2012) 64 PEL 315

Coastal Zone Industrial Control Board must determine whether sewage treatment facility, which is not a manufacturing or heavy industry use under Coastal Zone Act, requires a permit (Del. 2012) 64 PEL 346

COMPREHENSIVE PLANS

Organization ordered to pay sanctions for appealing comprehensive plan amendment when "standing was clearly not present" (Fla. App. 2011) 64 PEL 60

Adoption of comprehensive plan with future land use map showing reduced density precludes inconsistent development even before enactment of implementing regulations (Del. Trial 2012) 64 PEL 105

Township's 26-page resolution, dividing territory into four districts, constituted a "comprehensive plan" under the statute (Ohio App. 2012) 64 PEL 106

Owner, whose proposal for amendment of comprehensive plan was denied, may not seek judicial review without appeal to growth board (Wash. 2012) 64 PEL 143

City council's failure to adopt a statement of consistency with comprehensive plan and public interest rendered rezoning invalid (N.C. 2012) 64 PEL 200

Removal to federal court required unanimity where nonconsenting defendants were not merely nominal parties (U.S. Dist., S.D.N.Y. 2012) 64 PEL 202

Conflict with master plan provides an independent basis for denial of development approval (Md. 2012) 64 PEL 212

State may rationally limit standing to challenge concentrated animal feeding operations to those having a primary residence within a one-mile radius (Idaho 2012) 64 PEL 307

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

CONDITIONAL USES

Surface mining, a special use, is nonetheless subject to industrial use standards (Or. App. 2012) 64 PEL 107

Ordinance declaring unregistered vehicles to be nuisances, without any proof of nuisance in fact, was unconstitutional as applied to owner storing vehicles on well-maintained property (Pa. App. 2012) 64 PEL 128

Variance, not conditional use permit, is required for waiver of height limits in zoning ordinance (Idaho 2012) 64 PEL 139

Owner of scrap yard failed to establish taking as a result of ordinance requiring conditional use permits for all uses and denial of permits (Wis. App. 2012) 64 PEL 157

Conditional use permit for mining on land that included structures did not serve as land disturbance permit (N.D. 2012) 64 PEL 295

CONDOMINIUMS AND COOPS

Ban on signs in town house community violated rights of owner, who wished to post signs promoting his own political candidacy, under New Jersey Constitution (N.J. 2012) 64 PEL 316

CONFLICTS OF INTEREST

Denial of variance was tainted by participation of city's corporate counsel, who represented an objector (N.J. App. 2011) 64 PEL 36

CONSTITUTIONAL LAW–DUE PROCESS

Ordinance describing height restriction with reference to adjoining road is unconstitutionally vague (U.S. App., 2nd Cir. 2011) 64 PEL 5

Denial of approval to convert energy generation facility from natural gas to biomass fuel did not violate constitutional protections (U.S. Dist., W.D.N.Y. 2011) 64 PEL 7

Denial of rezoning from agricultural to multifamily classification was not arbitrary (Mich. App. 2011) 64 PEL 55

Definition limiting "family" to no more than three unrelated people operating as a housekeeping unit is valid under South Carolina Constitution (S.C. 2011) 64 PEL 77

Development agreement between power company and county, contingent on approval by Minnesota Public Utilities Commission, is valid (Minn. App. 2011) 64 PEL 89

Excluding general public from site visit and failing to keep minutes or transcript of visit violated open meetings law and due process rights (Md. App. 2012) 64 PEL 108

Criminalization of refusal to allow warrantless inspection of multifamily dwelling is unconstitutional (N.J. App. 2012) 64 PEL 113

Ninth Circuit rejects constitutional challenges to repeal of Oregon's Measure 37 (U.S. App., 9th Cir. 2012) 64 PEL 118

Ordinance declaring unregistered vehicles to be nuisances, without any proof of nuisance in fact, was unconstitutional as applied to owner storing vehicles on well-maintained property (Pa. App. 2012) 64 PEL 128

Request for zoning inspection, not part of a periodic or area inspection program, requires particularized finding of probable cause to believe that zoning violations are present (Conn. 2012) 64 PEL 149

Individual mailed notice was not required for site visit on reconsideration of variance denial, despite past practice (Alaska 2012) 64 PEL 165

Ordinance imposing different parking requirements on absentee owners is invalid (N.Y. App. 2012) 64 PEL 180

Plaintiffs did not state constitutional claims based on destruction of tree, which allegedly threatened power lines (U.S. App., 1st Cir. 2012) 64 PEL 213

Revocation of business permits without notice or opportunity to be heard violates constitutional due process, but takings and equal protection claims are not ripe prior to final adjudication in state court (U.S. App.,5th Cir. 2012) 64 PEL 259

"Rolling" moratoria, preventing new dock construction pending update of Shoreline Master Program, did not violate constitutional rights of owners (U.S. App., 9th Cir. 2012) 64 PEL 277

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

Denial of rezoning, following developer's refusal to make $100,000 donation solicited by city council member, did not violate constitutional protections (U.S. App., 6th Cir. 2012) 64 PEL 347

Plaintiffs have standing to challenge constitutionality of rezoning by adjoining municipality (Ohio 2012) 64 PEL 372

CONSTITUTIONAL LAW–EQUAL PROTECTION

Ninth Circuit rejects constitutional challenges to repeal of Oregon's Measure 37 (U.S. App., 9th Cir. 2012) 64 PEL 118

Landowners own groundwater in place, so scheme requiring permit for withdrawal may result in compensable taking (Tex. 2012) 64 PEL 176

Revocation of business permits without notice or opportunity to be heard violates constitutional due process, but takings and equal protection claims are not ripe prior to final adjudication in state court (U.S. App.,5th Cir. 2012) 64 PEL 259

Santa Cruz Residential Rental Inspection and Maintenance Program Ordinance is constitutional, not preempted by statute, and not an invalid tax (Cal. App. 2012) 64 PEL 313

Denial of rezoning, following developer's refusal to make $100,000 donation solicited by city council member, did not violate constitutional protections (U.S. App., 6th Cir. 2012) 64 PEL 347

Plaintiffs have standing to challenge constitutionality of rezoning by adjoining municipality (Ohio 2012) 64 PEL 372

CONSTITUTIONAL LAW–FIRST AMENDMENT

Texas Sexually Oriented Business Fee Act, imposing a per capita fee, is a content-neutral regulation of secondary effects (Tex. 2011) 64 PEL 1

Occupy Wall Street protestors are not entitled to an injunction preventing their removal from a privately owned public-access plaza based on violation of owner's rules (N.Y. Trial 2011) 64 PEL 37

Ordinance restricting size of sign painted on wall of commercial building is valid (Wash. App. 2012) 64 PEL 214

Ban on signs in town house community violated rights of owner, who wished to post signs promoting his own political candidacy, under New Jersey Constitution (N.J. 2012) 64 PEL 316

Owner failed to establish that compliance with zoning permit requirement would burden a sincerely held Amish religious belief (Wis. App. 2012) 64 PEL 317

Denial of rezoning, following developer's refusal to make $100,000 donation solicited by city council member, did not violate constitutional protections (U.S. App., 6th Cir. 2012) 64 PEL 347

CONTRACT ZONING

Contract zoning imposing requirements relating to off-site beach access is valid (Me. 2012) 64 PEL 276

Mining standards in consent decree are not enforceable under city's statutory enforcement authority, unless enacted as contract zoning or zoning amendment (Me. 2012) 64 PEL 294

City lacked standing to challenge county's rezoning of land the county had acquired in an effort to recruit a large poultry processing facility (N.C. App. 2012) 64 PEL 348

COVENANTS

Although ordinance prohibiting child care in residences is unenforceable, home owners association may enforce covenant (Ind. App. 2012) 64 PEL 144

Unambiguous dedication of lot is not subject to oral evidence of intent to include reversion (R.I. 2012) 64 PEL 279

Ban on signs in town house community violated rights of owner, who wished to post signs promoting his own political candidacy, under New Jersey Constitution (N.J. 2012) 64 PEL 316

D

DAY CARE CENTERS

Although ordinance prohibiting child care in residences is unenforceable, home owners association may enforce covenant (Ind. App. 2012) 64 PEL 144

DEDICATIONS AND FEES

Fines imposed on construction project under nuisance ordinance were not "development fees," subject to refund under Gov't Code § 66020 (Cal. App. 2012) 64 PEL 109

Rough-proportionality test encompasses more than costs directly borne by the entity imposing the exaction; the purpose of the exaction must be considered (Utah 2012) 64 PEL 249

Hamilton Township "impact fee" is a tax not within the authority of the limited-home-rule township (Ohio 2012) 64 PEL 278

Unambiguous dedication of lot is not subject to oral evidence of intent to include reversion (R.I. 2012) 64 PEL 279

Board of public utilities must retroactively apply decision invalidating rules concerning payment for utility extensions and provide refunds (N.J. App. 2012) 64 PEL 286

Inflow and infiltration reduction charge for new connections to deteriorated sewer system under remediation is a fee, not an unlawful tax (Mass. 2012) 64 PEL 318

Developer's credit against park fees for previous dedications was limited to recreation trail described in capital facilities plan and did not include wetlands conservation easement (Wash. App. 2012) 64 PEL 319

Imposition of condition requiring dedication of land for a road not needed for proposed partition amounted to a taking as of the date of imposition of the condition (Or. App. 2012) 64 PEL 332

DEFINITIONS

Ordinance was not ambiguous for failing to describe how to measure height of fence (Ohio App. 2011) 64 PEL 67

Definition limiting "family" to no more than three unrelated people operating as a housekeeping unit is valid under South Carolina Constitution (S.C. 2011) 64 PEL 77

Weekly rental of lakefront house did not transform it from a single-family residence to a tourist accommodation (N.Y. App. 2012) 64 PEL 181

City's interpretation of "foredune" in denying permit for construction near beach was sufficiently "clear and objective" (Or. App. 2012) 64 PEL 215

Challenged development was a General Large-Scale Development that qualified for special use permits (N.Y. App. 2012) 64 PEL 227

City's ability to impose conditions on mental health counseling center, a permitted use in commercial district, is limited by ordinance (Mich. App. 2012) 64 PEL 250

Compressor and stripper station, which purifies natural gas before placing it in a pipeline, is "equipment necessary to drilling or pumping operations," a permitted use (Pa. App. 2012) 64 PEL 265

While statutory definition of "high-tide line" includes imprecision, owner, whose conduct clearly violated permitting requirement, may not challenge the definition (Conn. 2012) 64 PEL 315

Metal recycling business constituted a junkyard, prohibited in industrial district (Minn. App. 2012) 64 PEL 334

Short-term rental of single-family house was not an unlawful use (Vt. 2012) 64 PEL 349

E

EASEMENTS

Abutting owners are aggrieved parties, with standing to challenge construction on farm subject to agricultural easement (Md. App. 2011) 64 PEL 61

Code reference to "right-of-way" required for frontage included a public easement (Me. 2012) 64 PEL 154

Association of neighboring farmers and individuals had standing to challenge approval of creamery operation on land subject to agricultural preservation easement (Md. App. 2012) 64 PEL 167

Texas does not recognize a "rolling" easement; easements for public use of private dry beach change size and shape with gradual, imperceptible erosion or accretion, but drastic avulsive events such as hurricanes do not cause a public easement to migrate onto previously unencumbered land (Tex. 2012) 64 PEL 179

Dune, created to prevent storm damage, did not confer special benefit to offset damages for condemnation of beachfront property (N.J. App. 2012) 64 PEL 185

Railbanking is not within the scope of original railway easements (Ind. 2012) 64 PEL 201

Irrigation district has discretion to determine whether encroachments interfere with easements and to require removal (Idaho 2012) 64 PEL 235

Easement reserved for public beach access in state's conveyance to borough was not extinguished by borough's failure to fix location (Alaska 2012) 64 PEL 312

Developer's credit against park fees for previous dedications was limited to recreation trail described in capital facilities plan and did not include wetlands conservation easement (Wash. App. 2012) 64 PEL 319

Borough lacked authority to grant easement to allow developer to use, for open space and stormwater management, parcels purchased with Act 70 funds for recreation purposes (Pa. App. 2012) 64 PEL 337

ECONOMIC DEVELOPMENT

City lacked standing to challenge county's rezoning of land the county had acquired in an effort to recruit a large poultry processing facility (N.C. App. 2012) 64 PEL 348

EDUCATIONAL INSTITUTIONS

Firearms training facility does not qualify as a public, private, elementary, or secondary school permitted in agricultural area (N.C. App. 2012) 64 PEL 145

Second-class township lacked authority to condemn land for expansion of charter school and public recreation facility (Pa. App. 2012) 64 PEL 147

More restrictive method of measuring minimum distance between business selling alcohol and school applies to school located on church property (Tex. App. 2012) 64 PEL 251

EMINENT DOMAIN

Owners of truck stop are entitled to compensation for closure of exit because the benefit of exit was used to offset compensation when land was condemned for its construction (S.D. 2011) 64 PEL 8

Resolution of condemnation valuation case for parking lot property did not preclude inverse condemnation action alleging loss of value by property served by parking lot (Conn. App. 2011) 64 PEL 11

Property owners failed to state a claim based on delay in condemnation (D.C. App. 2011) 64 PEL 12

Taking must be considered as occurring on the date that the government deposits the amount of compensation awarded and acquires title and the right to possession (Ill. 2011) 64 PEL 38

Owner did not overcome presumption that gas pipeline company acted in good faith in choosing most feasible route (La. App. 2011) 64 PEL 39

Damage to motel as a result of interchange reconfiguration is not compensable (Ind. App. 2011) 64 PEL 41

State agency is not barred from condemning land held by tribe in fee simple (Fla. App. 2011) 64 PEL 68

Trial court erred in dismissing claim for delay damages arising from condemnations for Louisiana State University-affiliated Academic Medical Center/United States Veterans Administration Hospital Complex (La. App. 2011) 64 PEL 69

Evidence of environmental contamination and of the cost of remediation were admissible in determining fair market value (Wis. 2011) 64 PEL 70

Right of first refusal does not constitute a compensable property interest in condemnation proceedings (Ga. 2012) 64 PEL 110

Statutory factors, not fair market value, were the proper measure of damages for condemnation of electric utility (Minn. App. 2012) 64 PEL 111

City could not condemn land for sewer system to serve industrial park without having obtained a certificate of necessity covering the land to be condemned (Tenn. App. 2012) 64 PEL 112

Court may not order city to initiate appropriation before finding that property has been taken (Ohio 2012) 64 PEL 117

Redevelopment authority lacked authority to condemn land within redevelopment area but marked as "not to be acquired" (Pa. App. 2012) 64 PEL 146

Second-class township lacked authority to condemn land for expansion of charter school and public recreation facility (Pa. App. 2012) 64 PEL 147

Receipt of permit to operate pipeline as a common carrier does not conclusively establish "public use" and confer power of condemnation (Tex. 2012) 64 PEL 148

Nonresident property owner lacked standing to litigate a claim for a partial regulatory taking against adjacent political subdivision based on its zoning of contiguous property (Ohio 2012) 64 PEL 156

Federal law does not preempt state law requirement that railroad, condemning private property, establish that alternative property suitable for the use is unavailable through on-site accommodation (N.J. App. 2012) 64 PEL 170

Allegation of pretext with respect to public purpose for condemnation did not deprive court of jurisdiction (D.C. App. 2012) 64 PEL 182

Owner's valuation claims in tax appeal are admissible as relevant to condemnation value (Kan. 2012) 64 PEL 183

City's lien against condemned land may offset condemnation award (Neb. 2012) 64 PEL 184

Dune, created to prevent storm damage, did not confer special benefit to offset damages for condemnation of beachfront property (N.J. App. 2012) 64 PEL 185

Court rejects challenges to 1955 and 1964 condemnations for St. Lawrence Seaway projects (N.Y. App. 2012) 64 PEL 186

Court properly valued condemned parcels, held by separate entities, as a single economic unit, despite lack of a written agreement among owners (N.Y. App. 2012) 64 PEL 252

Notice of beach renourishment project, containing notice of condemnation of easements and estimate that no compensation was due, did not violate rights of beachfront owners (N.C. App. 2012) 64 PEL 253

Petroleum company does not have authority to condemn easements for gasoline pipelines (Colo. 2012) 64 PEL 254

Transportation board director did not unilaterally condemn property in violation of statute by signing order of condemnation (Idaho 2012) 64 PEL 280

Closure of one of many access points to shopping center did not amount to a compensable taking (N.J. App. 2012) 64 PEL 281

Minnesota electric cooperative, qualified to do business in North Dakota, may exercise power of eminent domain (N.D. 2012) 64 PEL 282

Statute waived immunity of regional transportation authorities from condemnation of easement by electric utility (Tex. 2012) 64 PEL 283

Owner of land planned for future road has no standing to challenge city's decision to allow a developer to use alternate access (Tex. App. 2012) 64 PEL 287

Veterans cemetery is a "public use" for purposes of eminent domain statute (Ky. App. 2012) 64 PEL 320

New York Department of Transportation acted in bad faith in attempting to condemn drainage easement without a hearing or State Environmental Quality Review Act review (N.Y. App. 2012) 64 PEL 321

Water authority may condemn land for sewer and water lines to be installed by a private developer (Pa. App. 2012) 64 PEL 322

Reconfiguration of interchange, causing traffic to take a more circuitous route to hotel and making signage less visible, did not amount to compensable taking (Idaho 2012) 64 PEL 330

Unity of ownership is not required when an owner presents assemblage of two parcels of property solely for the purpose of establishing the highest and best use of the property (Kan. 2012) 64 PEL 350

Texas Supreme Court upholds takings for cooling plant and parking garage to serve Austin Convention Center (Tex. 2012) 64 PEL 351

ENERGY

Ordinance prohibiting commercial wind energy systems did not amount to a taking but is subject to Commerce Clause analysis (Kan. 2011) 64 PEL 6

Denial of approval to convert energy generation facility from natural gas to biomass fuel did not violate constitutional protections (U.S. Dist., W.D.N.Y. 2011) 64 PEL 7

In granting certificate of public convenience, public utility commission was not required to consider environmental impacts of alternate functional configurations (Pa. App. 2012) 64 PEL 133

Receipt of permit to operate pipeline as a common carrier does not conclusively establish "public use" and confer power of condemnation (Tex. 2012) 64 PEL 148

Court denies preliminary injunction with respect to leasing for natural gas exploration and development in Ozark-St. Francis National Forests (U.S. Dist., E.D. Ark. 2012) 64 PEL 193

Petroleum company does not have authority to condemn easements for gasoline pipelines (Colo. 2012) 64 PEL 254

Tax exemption for facilities for treatment of pollution does not apply to nuclear power plant facilities intended for emergencies and not operated on a regular basis (N.H. 2012) 64 PEL 255

Minnesota electric cooperative, qualified to do business in North Dakota, may exercise power of eminent domain (N.D. 2012) 64 PEL 282

Washington Building Code 2009 amendments are not preempted by federal Energy Policy and Conservation Act (U.S. App., 9th Cir. 2012) 64 PEL 284

Environmental assessments for infill gas wells in proximity to breeding grounds of sage grouse were adequate (Mont. 2012) 64 PEL 285

Conditional use permit for mining on land that included structures did not serve as land disturbance permit (N.D. 2012) 64 PEL 295

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

Federal Housing Finance Agency statement, causing Fannie Mae and Freddie Mac to stop purchasing mortgages for property encumbered by Property Assessed Clean Energy obligations, was a substantive ruling violating the Administrative Procedures Act (U.S. Dist., N.D. Cal. 2012 2012) 64 PEL 352

ENFORCEMENT

Criminalization of refusal to allow warrantless inspection of multifamily dwelling is unconstitutional (N.J. App. 2012) 64 PEL 113

Request for zoning inspection, not part of a periodic or area inspection program, requires particularized finding of probable cause to believe that zoning violations are present (Conn. 2012) 64 PEL 149

Zoning enforcement is a discretionary function, not a ministerial duty subject to writ of mandamus (La. App. 2012) 64 PEL 353

Code enforcement officer is not liable for allegedly intentionally causing delays in completion, resulting in damage to structure (N.J. App. 2012) 64 PEL 363

ENVIRONMENT

Administrative amendments of project under Rule 34(D) require an underlying Act 250 land use permit (Vt. 2011) 64 PEL 20

Ninth Circuit upholds most provisions of Port Authority Clean Truck Program against challenge of preemption by Federal Aviation Administration Authorization Act (U.S. App., 9th Cir. 2011) 64 PEL 26

U.S. Forest Service's 2006 Gallatin National Forest Travel Management Plan did not show compliance with Montana Wilderness Study Act of 1977 or the National Environmental Protection Act (U.S. App., 9th Cir. 2011) 64 PEL 40

Court erred in imposing sanctions on individual township supervisors, including jail sentences, for failure to comply with a Department of Environmental Protection order in connection with provision of sewage services (Pa. 2011) 64 PEL 47

Threat to whooping cranes resulting from water flow regulatory practices could constitute a taking (U.S. Dist., S.D. Tex. 2011) 64 PEL 64

Owner, having purchased 4,000 acres for mitigation bank, had no property interest in approval (U.S. App., Fed. Cir. 2012) 64 PEL 120

Approval of management plan for conservation district resource land not involving any specific use did not require contested case hearing, so court lacked jurisdiction to review approval (Haw. App. 2012) 64 PEL 121

"Discharge of Oil Into Waters" section of the state Water Control Law did not apply to contamination of groundwater as a result of landfill leachate (Supreme Court of Virginia 2012) 64 PEL 124

State Energy and Environment Cabinet may not impose conditions on surface mining without a determination that the affected lands are unsuitable for mining (Ky. App. 2012) 64 PEL 159

Trial court improperly applied reverse corporate veil piercing to recover civil penalties for environmental violations (Conn. 2012) 64 PEL 192

U.S. Environmental Protection Agency compliance orders may be appealed in court prior to any attempted agency enforcement (U.S. 2012) 64 PEL 206

Court upholds revision of surface mining permit to change postmining use from agricultural and industrial use to recreational use to facilitate transfer of land to state Department of Transportation (N.D. 2012) 64 PEL 225

Department of Environmental Protection acted consistently with statute in exempting power plant from zoning and not requiring discussion of impact on wetlands of purchase of treated effluent that would otherwise be discharged to river (Mass. App. 2012) 64 PEL 236

Department of Environmental Protection cannot be ordered to dredge channels or to identify site for dewatering dredged material (N.J. App. 2012) 64 PEL 238

Court of Appeal upholds 2009 scoping plan under Global Warming Solutions Act (Cal. App. 2012) 64 PEL 296

District of Columbia Circuit upholds U.S. Environmental Protection Agency Endangerment Finding, Tailpipe Rule, and Timing and Tailoring Rules concerning greenhouse gases (U.S. App., D.C. Cir. 2012) 64 PEL 297

Federal court lacks jurisdiction over claim that federal agencies violated the public trust doctrine by allowing unsafe amounts of greenhouse gas emissions (U.S. Dist., D. D.C. 2012) 64 PEL 298

Appeals court upholds approval of expansion of Kettleman Hills hazardous waste facility (Cal. App. 2012) 64 PEL 324

Sustainable Forest Incentive Act did not create contractual rights, quasi-contractual rights through promissory estoppel, or a property interest under the takings clauses (Minn. App. 2012) 64 PEL 326

Pinelands Commission had authority to disapprove local board's attempt to extend planned unit development approvals that expired more than 10 years prior (N.J. App. 2012) 64 PEL 343

Coastal Zone Industrial Control Board must determine whether sewage treatment facility, which is not a manufacturing or heavy industry use under Coastal Zone Act, requires a permit (Del. 2012) 64 PEL 346

Environmental Impact Report for Walmart Supercenter was adequate (Cal. App. 2012) 64 PEL 354

Even if Texas Water Development Board influenced U.S. Army Corps of Engineers denial of wetlands mitigation banking permit, it is not liable for taking (Tex. 2012) 64 PEL 358

ENVIRONMENTAL IMPACT STATEMENTS

Amendment of ordinance, restricting full-scale mining to natural resource zones, complied with the State Environmental Quality Review Act (N.Y. App. 2011) 64 PEL 48

Environmental impact report for expansion of San Diego State University inadequately addressed traffic impacts (Cal. App. 2011) 64 PEL 71

Environmental impact report for renewal of existing marine terminal's lease on San Francisco Bay properly used existing conditions as baseline (Cal. App. 2011) 64 PEL 72

Court upholds environmental impact statement for redevelopment of Denver Union Station (U.S. Dist. Colo. 2011) 64 PEL 91

Rezoning of property used for military housing to allow continued residential use was not spot zoning (N.Y. App. 2011) 64 PEL 96

Environmental impact statements for railroads to serve new coal mines did not take required "hard look" at impacts (U.S. App., 9th Cir. 2011) 64 PEL 98

Environmental analysis was not inadequate for failure to allow opponents access to lake access site to perform testing (Wis. App. 2012) 64 PEL 114

Objectors did not exhaust administrative remedies with respect to claims under the California Environmental Quality Act (Cal. App. 2012) 64 PEL 130

Unusual size and possible environmental impact of proposed residence precluded application of California Environmental Quality Act exemption (Cal. App. 2012) 64 PEL 150

Final environmental impact statement for bridge across St. Lucie River was adequate (U.S. App., 11th Cir. 2012) 64 PEL 153

Agriculture irrigation district had standing under the California Environmental Quality Act to challenge subdivision approval, and made a fair argument that the development would contribute to a significant environmental impact, the overdraft of groundwater (Cal. App. 2012) 64 PEL 173

Yazoo Backwater Area flood control project, first authorized in 1941, is not exempt from U.S. Environmental Protection Agency veto under Clean Water Act (U.S. App., 5th Cir. 2012) 64 PEL 175

County board of supervisors lacks authority to review local agency's approval of Environmental Impact Report and permit for landfill expansion (Cal. App. 2012) 64 PEL 191

Court denies preliminary injunction with respect to leasing for natural gas exploration and development in Ozark-St. Francis National Forests (U.S. Dist., E.D. Ark. 2012) 64 PEL 193

Substantial extension in completion date required preparation of supplemental environmental impact statement (N.Y. App. 2012) 64 PEL 216

Exposition Metro Line Construction Authority appropriately used conditions in 2030 as baseline for environmental impact report on second phase of light-rail line (Cal. App. 2012) 64 PEL 230

Revisions to regulations to implement plan for water distribution in the event of shortage did not require preparation of environmental impact report (Cal. App. 2012) 64 PEL 233

Conservation group failed to prove causation in claiming that implementation of development plan has caused or will cause unreasonable pollution of water resources (Conn. App. 2012) 64 PEL 234

City took requisite hard look at issues in determining that environmental assessment worksheet was not required to permit addition to church listed on National Register of Historic Places (Minn. App. 2012) 64 PEL 256

Agencies violated the National Environmental Protection Act by assessing environmental impacts against a no-build alternative that assumed existence of proposed connector highways (U.S. App., 4th Cir. 2012) 64 PEL 257

Environmental assessments for infill gas wells in proximity to breeding grounds of sage grouse were adequate (Mont. 2012) 64 PEL 285

Appeals court upholds approval of expansion of Kettleman Hills hazardous waste facility (Cal. App. 2012) 64 PEL 324

While rezoning was valid, negative declaration under State Environmental Quality Review Act was inadequate (N.Y. App. 2012) 64 PEL 325

Tenth Circuit upholds environmental analysis for South Lawrence Trafficway (U.S. App., 10th Cir. 2012) 64 PEL 328

Environmental Impact Report for Walmart Supercenter was adequate (Cal. App. 2012) 64 PEL 354

Completion of archaeological inventory survey was required prior to approval of 20-mile rail project with a high likelihood of impact on archaeological resources (Haw. 2012) 64 PEL 356

EXCLUSIONARY PRACTICE

Board failed to justify denial of comprehensive permit for affordable housing (Mass. App. 2011) 64 PEL 9

Disapproval of affordable housing development, a permitted use, was based on neighborhood opposition, not on substantial evidence of runoff problems (N.Y. App. 2011) 64 PEL 10

Denial of variances for 90 units of affordable housing was not supported by substantial evidence (N.J. App. 2011) 64 PEL 28

Claims under Fair Housing Act, based on township's failure to implement Council on Affordable Housing plan, survive summary judgment (U.S. Dist. N.J. 2011) 64 PEL 75

Court enjoins planned affordable housing as perpetuating segregation (N.Y. Trial 2011) 64 PEL 76

Mobile homes are not considered single-family homes for purposes of lot size and setback requirements (Mass. 2012) 64 PEL 125

F

FLOODPLAIN ZONING

Court declines to extend common enemy doctrine to allow landowner to build substantial flood prevention structures without required permits (Wash. App. 2012) 64 PEL 151

FOREST LANDS

U.S. Forest Service’s 2006 Gallatin National Forest Travel Management Plan did not show compliance with Montana Wilderness Study Act of 1977 or the National Environmental Protection Act (U.S. App., 9th Cir. 2011) 64 PEL 40

Sustainable Forest Incentive Act did not create contractual rights, quasi-contractual rights through promissory estoppel, or a property interest under the takings clauses (Minn. App. 2012) 64 PEL 326

G

GASOLINE STATIONS

Sale of gasoline is not accessory to retail store in district that permits only indoor retail uses (Pa. App. 2012) 64 PEL 327

GROWTH MANAGEMENT

Determination of whether owner had vested right to continue under Measure 37 waivers requires determination of ratio of costs incurred in good faith to cost of completed project authorized by waivers (Or. 2011) 64 PEL 30

Eugene Water and Electric Board, prohibited from extending "water service" without approval, may sell water to another entity without approval (Or. App. 2012) 64 PEL 258

Board of public utilities must retroactively apply decision invalidating rules concerning payment for utility extensions and provide refunds (N.J. App. 2012) 64 PEL 286

Local land use approvals for light-rail project outside of urban growth boundary are not legally significant with respect to actions of metropolitan government (Or. 2012) 64 PEL 341

Owner of property lacking required frontage on a public street did not establish entitlement to a reasonable exception (N.H. 2012) 64 PEL 342

Owners were "otherwise qualified for relief" under 2010 amendment to Measure 49 and entitled to a homesite in addition to existing home (Or. App. 2012) 64 PEL 355

Owners were not entitled to Measure 49 waivers based on the fact that desired development was not entirely prohibited by law in effect at the time of acquisition (Or. App. 2012) 64 PEL 376

H

HIGHWAYS AND STREETS

Owners of truck stop are entitled to compensation for closure of exit because the benefit of exit was used to offset compensation when land was condemned for its construction (S.D. 2011) 64 PEL 8

Damage to motel as a result of interchange reconfiguration is not compensable (Ind. App. 2011) 64 PEL 41

Billboard changing copy every eight seconds would display "intermittent" lighting in violation of Arizona Highway Beautification Act (Ariz. App. 2011) 64 PEL 56

Road remained a public road, despite county's decision to discontinue maintenance, absent a petition by owners of property on the road (Ky. 2011) 64 PEL 73

Application of new road standards to final phase of planned unit development did not constitute zoning; developer had no vested right in previous standards (Tenn. App. 2012) 64 PEL 74

Road was established by prescriptive easement, despite owner's occasional closing of the road to move cattle (N.D. 2012) 64 PEL 115

Conveyance for highway is presumed to be an easement, not fee title (Wis. App. 2012) 64 PEL 116

Determination that entire 270-acre unzoned parcel constituted "commercial or industrial activity" for purposes of locating billboards was not arbitrary (Mont. 2012) 64 PEL 134

Ordinance requiring that owners repair sidewalks is a valid exercise of the police power, within the authority of the city, and not a special tax, but lien provisions could constitute a taking (Ariz. App. 2012) 64 PEL 152

Final environmental impact statement for bridge across St. Lucie River was adequate (U.S. App., 11th Cir. 2012) 64 PEL 153

Code reference to "right-of-way" required for frontage included a public easement (Me. 2012) 64 PEL 154

Individual mailed notice was not required for site visit on reconsideration of variance denial, despite past practice (Alaska 2012) 64 PEL 165

Subdivision access by connection to loop road in adjoining subdivision did not violate regulations concerning dead-end streets (Conn. 2012) 64 PEL 217

City was not entitled to summary judgment on claim that street creep caused damage to driveway, garage, and foundation (Mo. App. 2012) 64 PEL 218

Discontinuance or abandonment of a public road requires compliance with statute, regardless of whether abutting owners support or oppose abandonment (R.I. 2012) 64 PEL 219

Rough-proportionality test encompasses more than costs directly borne by the entity imposing the exaction; the purpose of the exaction must be considered (Utah 2012) 64 PEL 249

Agencies violated the National Environmental Protection Act by assessing environmental impacts against a no-build alternative that assumed existence of proposed connector highways (U.S. App., 4th Cir. 2012) 64 PEL 257

Class certification was properly denied for owners of property in area designated for highway corridor (N.C. App. 2012) 64 PEL 261

Power company is not immune, as a matter of law, from liability for negligent placement of utility poles (N.J. 2012) 64 PEL 266

Transportation board director did not unilaterally condemn property in violation of statute by signing order of condemnation (Idaho 2012) 64 PEL 280

Closure of one of many access points to shopping center did not amount to a compensable taking (N.J. App. 2012) 64 PEL 281

Owner of land planned for future road has no standing to challenge city's decision to allow a developer to use alternate access (Tex. App. 2012) 64 PEL 287

Landowner does not have a duty, for purposes of negligence or nuisance, to inspect and cut down sickly trees that have the possibility of falling on a public roadway and inflicting injury (Va. 2012) 64 PEL 288

Weight restriction on access road did not violate constitutional rights of owners of business that hauls sand and limestone in large trucks (La. App. 2012) 64 PEL 291

Tenth Circuit upholds environmental analysis for South Lawrence Trafficway (U.S. App., 10th Cir. 2012) 64 PEL 328

Reconfiguration of interchange, causing traffic to take a more circuitous route to hotel and making signage less visible, did not amount to compensable taking (Idaho 2012) 64 PEL 330

Issuance of permit that allowed highway configuration to accommodate Wal-Mart store and made left turn from neighboring property difficult was reasonable exercise of police power (Pa. App. 2012) 64 PEL 333

Complaint alleging negligence with respect to child's drowning in drainage pipe sufficiently pleaded facts showing exceptions to sovereign immunity (Mo. App. 2012) 64 PEL 336

Unity of ownership is not required when an owner presents assemblage of two parcels of property solely for the purpose of establishing the highest and best use of the property (Kan. 2012) 64 PEL 350

HISTORIC PRESERVATION

Although county council declined to act on planning commission recommendation not to designate building as historic, planning commission recommendation is not appealable (Md. App. 2012) 64 PEL 122

City has standing to challenge railroad's sale of historic embankment to developers (U.S. App., D.C. Cir. 2012) 64 PEL 138

Property owner was not entitled to actual notice of creation of historic preservation district (Ind. App. 2012) 64 PEL 187

Property owner lacked standing to challenge Memorandum of Agreement relating to treatment of historic properties in redevelopment area (Md. App. 2012) 64 PEL 220

Although opponents had absolute right to challenge variance approvals and demolition of historic structure, bank's counterclaim against them did not merit award of fees (N.J. App. 2012) 64 PEL 245

City took requisite hard look at issues in determining that environmental assessment worksheet was not required to permit addition to church listed on National Register of Historic Places (Minn. App. 2012) 64 PEL 256

Heritage Preservation Commission denial of certificate of appropriateness was not a zoning decision for purposes of judicial review (Minn. App. 2012) 64 PEL 289

Completion of archaeological inventory survey was required prior to approval of 20-mile rail project with a high likelihood of impact on archaeological resources (Haw. 2012) 64 PEL 356

HOME OCCUPATIONS

Although ordinance prohibiting child care in residences is unenforceable, home owners association may enforce covenant (Ind. App. 2012) 64 PEL 144

Conditional use variance to allow operation of welding business as a home occupation in a residential, resource conservation district was not arbitrary (N.J. App. 2012) 64 PEL 188

Storage of cranes in pole barn did not constitute a home occupation in violation of township zoning ordinance (Ohio App. 2012) 64 PEL 290

HOUSING

Board failed to justify denial of comprehensive permit for affordable housing (Mass. App. 2011) 64 PEL 9

Disapproval of affordable housing development, a permitted use, was based on neighborhood opposition, not on substantial evidence of runoff problems (N.Y. App. 2011) 64 PEL 10

Denial of variances for 90 units of affordable housing was not supported by substantial evidence (N.J. App. 2011) 64 PEL 28

Housing Accountability Act applies to developments, regardless of inclusion of affordable housing (Cal. App. 2011) 64 PEL 42

Claims under Fair Housing Act, based on township's failure to implement Council on Affordable Housing plan, survive summary judgment (U.S. Dist. N.J. 2011) 64 PEL 75

Court enjoins planned affordable housing as perpetuating segregation (N.Y. Trial 2011) 64 PEL 76

Definition limiting "family" to no more than three unrelated people operating as a housekeeping unit is valid under South Carolina Constitution (S.C. 2011) 64 PEL 77

Board did not abuse its discretion in denying variance for duplex, to be used as transitional housing for homeless families, in a single-family neighborhood (N.J. App. 2011) 64 PEL 100

I

INTERGOVERNMENTAL COOPERATION

Critical Area Commission for the Chesapeake and Atlantic Coastal Bays acted in quasi-legislative capacity in ordering county to not process variance applications; owner of affected property had no right to hearing (Md. App. 2012) 64 PEL 211

INVERSE CONDEMNATION

Ordinance prohibiting commercial wind energy systems did not amount to a taking but is subject to Commerce Clause analysis (Kan. 2011) 64 PEL 6

Owners of truck stop are entitled to compensation for closure of exit because the benefit of exit was used to offset compensation when land was condemned for its construction (S.D. 2011) 64 PEL 8

Resolution of condemnation valuation case for parking lot property did not preclude inverse condemnation action alleging loss of value by property served by parking lot (Conn. App. 2011) 64 PEL 11

Property owners failed to state a claim based on delay in condemnation (D.C. App. 2011) 64 PEL 12

Firing range noise, existing before the owners acquired their property, did not result in inverse condemnation when the land was rezoned to permit residential use (Wash. App. 2011) 64 PEL 13

No taking occurs when there is no compelled dedication to public use and an alleged exaction is a non-land use monetary condition for permit approval, but the permit never issues (Fla. 2011) 64 PEL 43

Permit condition, by which owner agreed to allow lease for billboard to expire, did not amount to condemnation (Ill. App. 2011) 64 PEL 44

Repeal of challenged ordinance, followed by enactment of new law imposing identical restriction, does not render challenge moot (N.Y. App. 2011) 64 PEL 45

Ohio Supreme Court orders state to initiate appropriation in connection with flooding from Grand Lake St. Marys (Ohio 2011) 64 PEL 46

Threat to whooping cranes resulting from water flow regulatory practices could constitute a taking (U.S. Dist., S.D. Tex. 2011) 64 PEL 64

Landowners did not hold title to land accreted by beach replenishment (Tex. App. 2011) 64 PEL 66

Road remained a public road, despite county’s decision to discontinue maintenance, absent a petition by owners of property on the road (Ky. 2011) 64 PEL 73

In assessing whether limitation on short-term rental was invalid as applied, court was required to weigh property values prior to and after the loss of rentals due to code amendment (Fla. App. 2011) 64 PEL 79

In approving abandonment of railroad easements for interim recreation trail use, government prevented reversion, and liability extends to all authorized actions (U.S. Fed. Claims 2011) 64 PEL 80

Measure of compensation for a rails-to-trails taking is the difference between value of servient estate subject to easement and value with no easements (U.S. Fed. Claims 2011) 64 PEL 81

Imposition of 20-acre minimum lot size on undeveloped 2.85-acre parcel in the middle of a residential tract otherwise zoned for four dwellings per acre constituted spot zoning and a taking (Cal. App. 2011) 64 PEL 95

Court may not order city to initiate appropriation before finding that property has been taken (Ohio 2012) 64 PEL 117

Ninth Circuit rejects constitutional challenges to repeal of Oregon’s Measure 37 (U.S. App., 9th Cir. 2012) 64 PEL 118

City’s actions in conducting drainage study and telling potential buyer that property was subject to flooding did not amount to taking (Tex. App. 2012) 64 PEL 119

Owner, having purchased 4,000 acres for mitigation bank, had no property interest in approval (U.S. App., Fed. Cir. 2012) 64 PEL 120

Ordinance requiring that owners repair sidewalks is a valid exercise of the police power, within the authority of the city, and not a special tax, but lien provisions could constitute a taking (Ariz. App. 2012) 64 PEL 152

Diminution in value of 46 percent following comprehensive rezoning did not support a finding of regulatory taking (N.Y. App. 2012) 64 PEL 155

Nonresident property owner lacked standing to litigate a claim for a partial regulatory taking against adjacent political subdivision based on its zoning of contiguous property (Ohio 2012) 64 PEL 156

Owner of scrap yard failed to establish taking as a result of ordinance requiring conditional use permits for all uses and denial of permits (Wis. App. 2012) 64 PEL 157

Landowners own groundwater in place, so scheme requiring permit for withdrawal may result in compensable taking (Tex. 2012) 64 PEL 176

Landowner’s failure to protest creation of special assessment district for maintenance of dam on its property implied consent to enter property (Mich. App. 2012) 64 PEL 190

Owners of building to which telephone company attached terminal box without payment have a claim for inverse condemnation (N.Y. 2012) 64 PEL 204

City was not entitled to summary judgment on claim that street creep caused damage to driveway, garage, and foundation (Mo. App. 2012) 64 PEL 218

Rough-proportionality test encompasses more than costs directly borne by the entity imposing the exaction; the purpose of the exaction must be considered (Utah 2012) 64 PEL 249

Revocation of business permits without notice or opportunity to be heard violates constitutional due process, but takings and equal protection claims are not ripe prior to final adjudication in state court (U.S. App.,5th Cir. 2012) 64 PEL 259

Owner of vacant property in redevelopment area, having made no effort to develop its land and having rejected purchase offers, did not establish inverse condemnation (N.J. App. 2012) 64 PEL 260

Class certification was properly denied for owners of property in area designated for highway corridor (N.C. App. 2012) 64 PEL 261

Weight restriction on access road did not violate constitutional rights of owners of business that hauls sand and limestone in large trucks (La. App. 2012) 64 PEL 291

Virginia Department of Transportation may be liable for flooding during extraordinary storm based on its failure to maintain or dredge channel it had modified (Va. 2012) 64 PEL 292

Standard for a taking in an airplane overflight case is whether overflights have been low enough and frequent enough to have a direct and immediate effect on use and enjoyment of property (Wis. 2012) 64 PEL 309

Sustainable Forest Incentive Act did not create contractual rights, quasi-contractual rights through promissory estoppel, or a property interest under the takings clauses (Minn. App. 2012) 64 PEL 326

Appraisal, conditioning value of property on bundling with other properties, was inadequate under Bert Harris Private Property Protection Act (Fla. App. 2012) 64 PEL 329

Reconfiguration of interchange, causing traffic to take a more circuitous route to hotel and making signage less visible, did not amount to compensable taking (Idaho 2012) 64 PEL 330

Proximity of shooting range to county road raised genuine issues of fact concerning public nuisance (N.D. 2012) 64 PEL 331

Imposition of condition requiring dedication of land for a road not needed for proposed partition amounted to a taking as of the date of imposition of the condition (Or. App. 2012) 64 PEL 332

Issuance of permit that allowed highway configuration to accommodate Wal-Mart store and made left turn from neighboring property difficult was reasonable exercise of police power (Pa. App. 2012) 64 PEL 333

Owner did not have a property interest in using highway right-of-way to turn vehicles around before exiting to highway (Mont. 2012) 64 PEL 357

Even if Texas Water Development Board influenced U.S. Army Corps of Engineers denial of wetlands mitigation banking permit, it is not liable for taking (Tex. 2012) 64 PEL 358

J

JUDICIAL REVIEW

Resolution of condemnation valuation case for parking lot property did not preclude inverse condemnation action alleging loss of value by property served by parking lot (Conn. App. 2011) 64 PEL 11

After court found denial of rezoning to be arbitrary, commission’s approval of special exception amounted to approval of zone change and special exception (Conn. 2011) 64 PEL 22

Repeal of challenged ordinance, followed by enactment of new law imposing identical restriction, does not render challenge moot (N.Y. App. 2011) 64 PEL 45

Court erred in imposing sanctions on individual township supervisors, including jail sentences, for failure to comply with a Department of Environmental Protection order in connection with provision of sewage services (Pa. 2011) 64 PEL 47

Trial court erred in dismissing claim for delay damages arising from condemnations for Louisiana State University-affiliated Academic Medical Center/United States Veterans Administration Hospital Complex (La. App. 2011) 64 PEL 69

Adoption of comprehensive plan with future land use map showing reduced density precludes inconsistent development even before enactment of implementing regulations (Del. Trial 2012) 64 PEL 105

Approval of management plan for conservation district resource land not involving any specific use did not require contested case hearing, so court lacked jurisdiction to review approval (Haw. App. 2012) 64 PEL 121

Although county council declined to act on planning commission recommendation not to designate building as historic, planning commission recommendation is not appealable (Md. App. 2012) 64 PEL 122

Court rejects owners’ 10th lawsuit concerning unsuccessful efforts to subdivide 4.47-acre property (N.J. App. 2012) 64 PEL 123

Administrative finding of nuisance subject to de novo judicial review upon challenge (Tex. 2012) 64 PEL 129

Owner, whose proposal for amendment of comprehensive plan was denied, may not seek judicial review without appeal to growth board (Wash. 2012) 64 PEL 143

Miami City Commission lacked authority to conduct de novo review and impose conditions on second remand (Fla. App. 2012) 64 PEL 224

Lack of clarity about whether variance was sought for quarry property on which docks would be located or for lots to be served by docks precluded judicial review (Ohio App. 2012) 64 PEL 231

Members of town board enjoy absolute immunity for enactment of challenged ordinance (N.Y. App. 2012) 64 PEL 239

Heritage Preservation Commission denial of certificate of appropriateness was not a zoning decision for purposes of judicial review (Minn. App. 2012) 64 PEL 289

Period for judicial review under Land Use Petition Act begins with decision by entity with final authority (Wash. App. 2012) 64 PEL 293

Federal court lacks jurisdiction over claim that federal agencies violated the public trust doctrine by allowing unsafe amounts of greenhouse gas emissions (U.S. Dist., D. D.C. 2012) 64 PEL 298

Zoning enforcement is a discretionary function, not a ministerial duty subject to writ of mandamus (La. App. 2012) 64 PEL 353

City does not have a clear legal duty to revoke business license of medical marijuana dispensary, even if issued in violation of ordinance (Mont. 2012) 64 PEL 359

JUNKYARDS

Nonconforming junkyard is subject to regulatory ordinances dealing with junkyards and nuisances (Mich. App. 2011) 64 PEL 14

Owner of scrap yard failed to establish taking as a result of ordinance requiring conditional use permits for all uses and denial of permits (Wis. App. 2012) 64 PEL 157

Court’s jurisdiction was limited to invalidating regulations governing manufactured housing parks because other issues had not been considered by board of adjustment (Ariz. App. 2012) 64 PEL 164

Metal recycling business constituted a junkyard, prohibited in industrial district (Minn. App. 2012) 64 PEL 334

JURISDICTION

Approvals of master planned development applications did not constitute enactment of development regulations, subject to jurisdiction of Growth Management Hearings Board (Wash. App. 2011) 64 PEL 82

Allegation of pretext with respect to public purpose for condemnation did not deprive court of jurisdiction (D.C. App. 2012) 64 PEL 182

County board of supervisors lacks authority to review local agency’s approval of Environmental Impact Report and permit for landfill expansion (Cal. App. 2012) 64 PEL 191

Removal to federal court required unanimity where nonconsenting defendants were not merely nominal parties (U.S. Dist., S.D.N.Y. 2012) 64 PEL 202

Board of Public Works lacked authority to consider whether the project as a whole should proceed in considering whether to grant a state wetlands license for four elements of the project (Md. 2012) 64 PEL 210

Coastal Commission lacked jurisdiction to approve amendment to local coastal program proposed by state agencies and not concerning a public works or energy project (Cal. App. 2012) 64 PEL 246

K

L

LANDFILLS

"Discharge of Oil Into Waters" section of the state Water Control Law did not apply to contamination of groundwater as a result of landfill leachate (Va. 2012) 64 PEL 124

South Carolina Department of Health and Environmental Control properly disregarded county ordinance declaring emergency moratorium on landfills (S.C. App. 2012) 64 PEL 158

County board of supervisors lacks authority to review local agency's approval of Environmental Impact Report and permit for landfill expansion (Cal. App. 2012) 64 PEL 191

Trial court improperly applied reverse corporate veil piercing to recover civil penalties for environmental violations (Conn. 2012) 64 PEL 192

Condition imposed on permit for landfill expansion and requiring landfill to stop accepting municipal solid waste was not supported by evidence (Haw. 2012) 64 PEL 262

New regulations concerning landfill size and buffering did not violate Commerce Clause or Contract Clause (N.C. App. 2012) 64 PEL 263

LOT REGULATION

Board of Standards and Appeals rationally determined lot configuration requirements for preexisting small lot (N.Y. App. 2012) 64 PEL 264

Setbacks for split-zoned lot are measured from lot line, not from zoning line (Tex. App. 2012) 64 PEL 274

Frontage must be measured on street to which lot has access (Conn. App. 2012) 64 PEL 335

M

MINING

Amendment of ordinance, restricting full-scale mining to natural resource zones, complied with the State Environmental Quality Review Act (N.Y. App. 2011) 64 PEL 48

Delay in processing permit and site plan approval applications for a quarry did not entitle owner to default approval (N.Y. App. 2011) 64 PEL 49

Surface Mining Act does not preempt local setback requirements (Pa. 2011) 64 PEL 50

Non-home-rule municipality can prohibit the drilling or operation of an oil or gas well within its municipal limits (Ill. App. 2012) 64 PEL 83

Environmental impact statements for railroads to serve new coal mines did not take required "hard look" at impacts (U.S. App., 9th Cir. 2011) 64 PEL 98

Surface mining, a special use, is nonetheless subject to industrial use standards (Or. App. 2012) 64 PEL 107

State Energy and Environment Cabinet may not impose conditions on surface mining without a determination that the affected lands are unsuitable for mining (Ky. App. 2012) 64 PEL 159

Ordinance regulating area of surface disturbance, duration of operation, and reclamation of surface mines is preempted by state law (Md. App. 2012) 64 PEL 160

The existence of special use and operation provisions governing mining indicates that mining is a contemplated use despite ordinance failure to identify districts in which it is permitted (N.Y. App. 2012) 64 PEL 161

Trial court upholds local law prohibiting all activities relating to exploration for and production of oil and natural gas (N.Y. 2012) 64 PEL 162

Ordinance requiring a permit for nonmetallic mining was not a zoning ordinance (Wis. 2012) 64 PEL 163

Court denies preliminary injunction with respect to leasing for natural gas exploration and development in Ozark-St. Francis National Forests (U.S. Dist., E.D. Ark. 2012) 64 PEL 193

Distinct layers of aggregate, separated by clay, may be considered together in determining "average thickness of the aggregate layer" for classification as significant mineral and aggregate resource (Or. App. 2012) 64 PEL 194

Court upholds revision of surface mining permit to change postmining use from agricultural and industrial use to recreational use to facilitate transfer of land to state Department of Transportation (N.D. 2012) 64 PEL 225

Compressor and stripper station, which purifies natural gas before placing it in a pipeline, is "equipment necessary to drilling or pumping operations," a permitted use (Pa. App. 2012) 64 PEL 265

Mining standards in consent decree are not enforceable under city's statutory enforcement authority, unless enacted as contract zoning or zoning amendment (Me. 2012) 64 PEL 294

Conditional use permit for mining on land that included structures did not serve as land disturbance permit (N.D. 2012) 64 PEL 295

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

Deed granting mineral owners reasonable surface rights does not permit strip mining (Ohio App. 2012) 64 PEL 360

Activities in preparation for mining established a nonconforming use under the diminishing asset doctrine (Tenn. 2012) 64 PEL 361

MOBILE/MANUFACTURED HOMES

Mobile homes are not considered single-family homes for purposes of lot size and setback requirements (Mass. 2012) 64 PEL 125

Court's jurisdiction was limited to invalidating regulations governing manufactured housing parks because other issues had not been considered by board of adjustment (Ariz. App. 2012) 64 PEL 164

MUNICIPAL CORPORATIONS

City of Montpelier lacks authority to prohibit recreational use of Berlin Pond, its water supply (Vt. 2012) 64 PEL 273

Hamilton Township "impact fee" is a tax not within the authority of the limited-home-rule township (Ohio 2012) 64 PEL 278

MUNICIPAL LIABILITY

Court erred in imposing sanctions on individual township supervisors, including jail sentences, for failure to comply with a Department of Environmental Protection order in connection with provision of sewage services (Pa. 2011) 64 PEL 47

Power company is not immune, as a matter of law, from liability for negligent placement of utility poles (N.J. 2012) 64 PEL 266

Metal recycling business constituted a junkyard, prohibited in industrial district (Minn. App. 2012) 64 PEL 334

Complaint alleging negligence with respect to child's drowning in drainage pipe sufficiently pleaded facts showing exceptions to sovereign immunity (Mo. App. 2012) 64 PEL 336

Metropolitan Water Reclamation District of Greater Chicago is not liable to Cicero for flooding as a result of exceptional rainfalls (Ill. App. 2012) 64 PEL 362

Code enforcement officer is not liable for allegedly intentionally causing delays in completion, resulting in damage to structure (N.J. App. 2012) 64 PEL 363

Municipality is not liable for failure to upgrade drainage system, resulting in flooding of property (Ohio 2012) 64 PEL 364

N

NONCONFORMING USES

Denial of approval to convert energy generation facility from natural gas to biomass fuel did not violate constitutional protections (U.S. Dist., W.D.N.Y. 2011) 64 PEL 7

Nonconforming junkyard is subject to regulatory ordinances dealing with junkyards and nuisances (Mich. App. 2011) 64 PEL 14

Sign, altered in a way that reduced, but did not eliminate, nonconformities was properly ordered removed (Mich. App. 2011) 64 PEL 23

Denial of permits for nonconforming billboards was not arbitrary based on late application for renewal (Ark. App. 2011) 64 PEL 57

City had authority to extend statutory two-year protection for nonconforming uses damaged by Hurricane Katrina (La. App. 2012) 64 PEL 126

Failure to use basement unit of nonconforming duplex as an independent household unit for 18 years did not constitute abandonment (Wash. App. 2012) 64 PEL 127

Court's jurisdiction was limited to invalidating regulations governing manufactured housing parks because other issues had not been considered by board of adjustment (Ariz. App. 2012) 64 PEL 164

Nonconforming use statute did not create absolute right to a permit to rebuild within 180 days (Minn. App. 2012) 64 PEL 195

Ordinance banning sale of fireworks is not part of the general plan of zoning, and nonconforming use protections do not apply (Tenn. 2012) 64 PEL 197

Interpretation of ordinance as imposing permit requirement and time limit on reconstruction of existing substandard structures was reasonable (Wis. App. 2012) 64 PEL 226

Mining standards in consent decree are not enforceable under city's statutory enforcement authority, unless enacted as contract zoning or zoning amendment (Me. 2012) 64 PEL 294

Activities in preparation for mining established a nonconforming use under the diminishing asset doctrine (Tenn. 2012) 64 PEL 361

NOTICES

Administrative appeal is perfected by written notice within 30 days after the date on which the board approved and journalized its minutes (Ohio App. 2011) 64 PEL 84

Applicant was entitled to notice of meeting at which city denied rezoning despite not being "aggrieved" under the statute due to a planning commission recommendation for approval (Miss. App. 2012) 64 PEL 365

NUISANCES

Nonconforming junkyard is subject to regulatory ordinances dealing with junkyards and nuisances (Mich. App. 2011) 64 PEL 14

City is not required to accommodate medical marijuana dispensaries in its zoning code (Cal. App. 2011) 64 PEL 15

Owner has no right to unobstructed view of water that does not border his property, and fence, blocking that view, did not constitute a nuisance (Fla. App. 2011) 64 PEL 16

Demolition of existing farmhouse, and construction of new farmhouse, does not constitute changed conditions or trigger immunity from nuisance suits for adjoining farm operation (Ill. App. 2011) 64 PEL 33

Ban on medical marijuana dispensaries is not preempted by state law (Cal. App. 2011) 64 PEL 51

City's ban on medical marijuana dispensaries is not preempted by state law (Cal. App. 2011) 64 PEL 52

Ranchers may not sue state for failure to control prairie dogs on public land (S.D. 2011) 64 PEL 78

Fines imposed on construction project under nuisance ordinance were not "development fees," subject to refund under Gov't Code § 66020 (Cal. App. 2012) 64 PEL 109

Ordinance declaring unregistered vehicles to be nuisances, without any proof of nuisance in fact, was unconstitutional as applied to owner storing vehicles on well-maintained property (Pa. App. 2012) 64 PEL 128

Administrative finding of nuisance subject to de novo judicial review upon challenge (Tex. 2012) 64 PEL 129

Substantial evidence supported findings that massage business constituted a public nuisance and violated the Red Light Abatement Law (Cal. App. 2012) 64 PEL 166

Qualified medical marijuana dispensary may not be deemed a nuisance simply because it is not permitted in any district by city's zoning code (Cal. App. 2012) 64 PEL 169

Use of farm for concerts is protected by Tennessee Right to Farm Act (Tenn. App. 2012) 64 PEL 209

Landowner does not have a duty, for purposes of negligence or nuisance, to inspect and cut down sickly trees that have the possibility of falling on a public roadway and inflicting injury (Va. 2012) 64 PEL 288

Organic farmers, alleging pesticide drift, did not state claims for trespass or under federal organic certification regulations but may have claims for nuisance or negligence per se (Minn. 2012) 64 PEL 308

Proximity of shooting range to county road raised genuine issues of fact concerning public nuisance (N.D. 2012) 64 PEL 331

O

OPEN SPACE

Abutting owners are aggrieved parties, with standing to challenge construction on farm subject to agricultural easement (Md. App. 2011) 64 PEL 61

Area including stormwater management facilities is not "open space" for purposes of subdivision ordinance (Pa. App. 2011) 64 PEL 63

Association of neighboring farmers and individuals had standing to challenge approval of creamery operation on land subject to agricultural preservation easement (Md. App. 2012) 64 PEL 167

P

PARKING

City's rejection of county's plan for judicial center parking was arbitrary (N.C. App. 2012) 64 PEL 168

Ordinance imposing different parking requirements on absentee owners is invalid (N.Y. App. 2012) 64 PEL 180

Request to amend hotel site plan to replace approved retail space with conference center is not exempt from parking requirements enacted after approval (N.H. 2012) 64 PEL 196

Desire to renovate existing house into condominium project did not justify variance from loading area requirement (Pa. App. 2012) 64 PEL 232

Texas Supreme Court upholds takings for cooling plant and parking garage to serve Austin Convention Center (Tex. 2012) 64 PEL 351

History of multiple approvals for adult day care facility made it impossible to determine number of parking spaces required (Pa. App. 2012) 64 PEL 366

PARKS

In approving abandonment of railroad easements for interim recreation trail use, government prevented reversion, and liability extends to all authorized actions (U.S. Fed. Claims 2011) 64 PEL 80

Measure of compensation for a rails-to-trails taking is the difference between value of servient estate subject to easement and value with no easements (U.S. Fed. Claims 2011) 64 PEL 81

Trial court erred in enjoining construction of 450-foot lighted tower 1.5 miles outside the Boundary Waters Canoe Area Wilderness (Minn. App. 2012) 64 PEL 302

Developer's credit against park fees for previous dedications was limited to recreation trail described in capital facilities plan and did not include wetlands conservation easement (Wash. App. 2012) 64 PEL 319

Borough lacked authority to grant easement to allow developer to use, for open space and stormwater management, parcels purchased with Act 70 funds for recreation purposes (Pa. App. 2012) 64 PEL 337

Neither public trust doctrine nor Project 70 Land Acquisition and Borrowing Act precludes sale of park land acquired with Project 70 funds for development (Pa. App. 2012) 64 PEL 367

PLANNED UNIT DEVELOPMENT

Application of new road standards to final phase of planned unit development did not constitute zoning; developer had no vested right in previous standards (Tenn. App. 2012) 64 PEL 74

Simultaneous approval of planned unit development and map amendment to remove existing overlay district was within authority of zoning commission (D.C. App. 2011) 64 PEL 85

Approval of tentative planned residential development plan including "commercial" use was valid (Pa. App. 2011) 64 PEL 86

Ordinance allowing developer of planned residential development to identify use of a building in a categorical or generic sense at the tentative plan phase is consistent with Municipalities Planning Code (Pa. App. 2011) 64 PEL 87

PLANNING

Land Use Regulation Commission's amendment and approval of resource plan protection subdistrict for Moosehead Lake area is reinstated (Me. 2012) 64 PEL 199

POLICE POWER

Ordinance requiring that owners repair sidewalks is a valid exercise of the police power, within the authority of the city, and not a special tax, but lien provisions could constitute a taking (Ariz. App. 2012) 64 PEL 152

Ordinance requiring a permit for nonmetallic mining was not a zoning ordinance (Wis. 2012) 64 PEL 163

Ordinance banning sale of fireworks is not part of the general plan of zoning, and nonconforming use protections do not apply (Tenn. 2012) 64 PEL 197

Ordinance regulating live nude dancing is preempted by state law (Iowa 2012) 64 PEL 305

Issuance of permit that allowed highway configuration to accommodate Wal-Mart store and made left turn from neighboring property difficult was reasonable exercise of police power (Pa. App. 2012) 64 PEL 333

POLLUTION

"Discharge of Oil Into Waters" section of the state Water Control Law did not apply to contamination of groundwater as a result of landfill leachate (Supreme Court of Virginia 2012) 64 PEL 124

Court of Appeal upholds 2009 scoping plan under Global Warming Solutions Act (Cal. App. 2012) 64 PEL 296

District of Columbia Circuit upholds U.S. Environmental Protection Agency Endangerment Finding, Tailpipe Rule, and Timing and Tailoring Rules concerning greenhouse gases (U.S. App., D.C. Cir. 2012) 64 PEL 297

Federal court lacks jurisdiction over claim that federal agencies violated the public trust doctrine by allowing unsafe amounts of greenhouse gas emissions (U.S. Dist., D. D.C. 2012) 64 PEL 298

PREEMPTION

Ordinance prohibiting commercial wind energy systems did not amount to a taking but is subject to Commerce Clause analysis (Kan. 2011) 64 PEL 6

Federal Controlled Substances Act preempts Long Beach ordinance regulating medical marijuana dispensaries (Cal. App. 2011) 64 PEL 17

Ordinance requiring that waste generated within county be deposited at designated facilities is not preempted by South Carolina Solid Waste Policy and Management Act (S.C. 2011) 64 PEL 18

Municipalities lack authority to regulate location of video lottery machines (S.D. 2011) 64 PEL 19

Ninth Circuit upholds most provisions of Port Authority Clean Truck Program against challenge of preemption by Federal Aviation Administration Authorization Act (U.S. App., 9th Cir. 2011) 64 PEL 26

Development of former Pease Air Force Base is exempt from town's designation of prime wetlands (N.H. 2011) 64 PEL 34

Surface Mining Act does not preempt local setback requirements (Pa. 2011) 64 PEL 50

Ban on medical marijuana dispensaries is not preempted by state law (Cal. App. 2011) 64 PEL 51

City's ban on medical marijuana dispensaries is not preempted by state law (Cal. App. 2011) 64 PEL 52

Ordinance prohibiting check-cashing establishments except in industrial and manufacturing districts is preempted by state banking law (N.Y. App. 2011) 64 PEL 53

Billboard changing copy every eight seconds would display "intermittent" lighting in violation of Arizona Highway Beautification Act (Ariz. App. 2011) 64 PEL 56

Non-home-rule municipality can prohibit the drilling or operation of an oil or gas well within its municipal limits (Ill. App. 2012) 64 PEL 83

Regulations of Department of Natural Resources & Environmental Control, establishing water quality buffer requirements, were invalid as conflicting with county zoning (Del. 2011) 64 PEL 88

South Carolina Department of Health and Environmental Control properly disregarded county ordinance declaring emergency moratorium on landfills (S.C. App. 2012) 64 PEL 158

Ordinance regulating area of surface disturbance, duration of operation, and reclamation of surface mines is preempted by state law (Md. App. 2012) 64 PEL 160

Trial court upholds local law prohibiting all activities relating to exploration for and production of oil and natural gas (N.Y. 2012) 64 PEL 162

Qualified medical marijuana dispensary may not be deemed a nuisance simply because it is not permitted in any district by city's zoning code (Cal. App. 2012) 64 PEL 169

Federal law does not preempt state law requirement that railroad, condemning private property, establish that alternative property suitable for the use is unavailable through on-site accommodation (N.J. App. 2012) 64 PEL 170

Owners failed to prove entitlement to agricultural exemption from zoning for 6.5-acre property on which they live or for 35-acre parcel rented to tenants (Iowa App. 2012) 64 PEL 208

City of Montpelier lacks authority to prohibit recreational use of Berlin Pond, its water supply (Vt. 2012) 64 PEL 273

Washington Building Code 2009 amendments are not preempted by federal Energy Policy and Conservation Act (U.S. App., 9th Cir. 2012) 64 PEL 284

Palm Springs ordinance limiting the number and locations of medical marijuana dispensaries is not preempted by state law (Cal. App. 2012) 64 PEL 299

State public trust is extinguished by federal condemnation of land subject to the trust (U.S. App., 9th Cir. 2012) 64 PEL 300

Ordinance regulating live nude dancing is preempted by state law (Iowa 2012) 64 PEL 305

Santa Cruz Residential Rental Inspection and Maintenance Program Ordinance is constitutional, not preempted by statute, and not an invalid tax (Cal. App. 2012) 64 PEL 313

City "policy" is preempted by specific language in state building code concerning egress windows (Minn. App. 2012) 64 PEL 314

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

Ordinance prohibiting all uses contrary to federal law or state law is preempted by Michigan Medical Marihuana Act (Mich. App. 2012) 64 PEL 338

State Navigation Law does not preempt local law with respect to Lake Placid (N.Y. App. 2012) 64 PEL 339

Agricultural cooperative's construction of warehouse and processing facility are not exempt from special permit and building permit requirements (Mich. App. 2012) 64 PEL 345

PROCEDURE, ADMINISTRATIVE

Deemed approval remedy is not available where board made decision, but did not communicate it, within statutory period (Vt. 2011) 64 PEL 2

Administrative amendments of project under Rule 34(D) require an underlying Act 250 land use permit (Vt. 2011) 64 PEL 20

Local Agency Formation Commission's jurisdiction to approve city's provision of water and sewer services outside its sphere of influence does not depend on which party applies (Cal. App. 2011) 64 PEL 54

Approval of special use permit for additional construction at existing convenience center in community preservation district did not require community impact statement (S.C. App. 2011) 64 PEL 59

Administrative appeal is perfected by written notice within 30 days after the date on which the board approved and journalized its minutes (Ohio App. 2011) 64 PEL 84

Simultaneous approval of planned unit development and map amendment to remove existing overlay district was within authority of zoning commission (D.C. App. 2011) 64 PEL 85

Ordinance allowing developer of planned residential development to identify use of a building in a categorical or generic sense at the tentative plan phase is consistent with Municipalities Planning Code (Pa. App. 2011) 64 PEL 87

Board member, having left meeting after voting, is entitled to seek review of actions that nullify her duly exercised vote (Fla. App. 2012) 64 PEL 97

Where statute specified that Zoning Board of Adjustment include city solicitor and city engineer as members, variances approved by the board, including assistant solicitor and public works employee, were invalid (Del. 2011) 64 PEL 99

Court upholds issuance of permits for Gracie Point waste transfer station (N.Y. App. 2011) 64 PEL 102

City could not condemn land for sewer system to serve industrial park without having obtained a certificate of necessity covering the land to be condemned (Tenn. App. 2012) 64 PEL 112

Objectors did not exhaust administrative remedies with respect to claims under the California Environmental Quality Act (Cal. App. 2012) 64 PEL 130

Local governing body may not delegate to planning commission authority to grant waiver from prohibition of construction on steep slopes (Va. 2012) 64 PEL 131

Bristol Bay Area Plan, directing management of state lands, affects the public in only a limited way and is not a regulation under Administrative Procedures Act (Alaska 2012) 64 PEL 132

Owner, whose proposal for amendment of comprehensive plan was denied, may not seek judicial review without appeal to growth board (Wash. 2012) 64 PEL 143

Redevelopment authority lacked authority to condemn land within redevelopment area but marked as "not to be acquired" (Pa. App. 2012) 64 PEL 146

State Energy and Environment Cabinet may not impose conditions on surface mining without a determination that the affected lands are unsuitable for mining (Ky. App. 2012) 64 PEL 159

Where city council does not propose a summary for a citizen ballot measure restricting use of the municipal marina to park and recreational purposes, it cannot block voting on the measure based on the citizens group's summary, which was not inaccurate or misleading (Fla. App. 2012) 64 PEL 189

Board of Public Works lacked authority to consider whether the project as a whole should proceed in considering whether to grant a state wetlands license for four elements of the project (Md. 2012) 64 PEL 210

Plaintiffs did not state constitutional claims based on destruction of tree, which allegedly threatened power lines (U.S. App., 1st Cir. 2012) 64 PEL 213

Discontinuance or abandonment of a public road requires compliance with statute, regardless of whether abutting owners support or oppose abandonment (R.I. 2012) 64 PEL 219

Montana Department of Natural Resources and Conservation has authority to request information on historical use of protected water rights in application for change in withdrawal (Mont. 2012) 64 PEL 237

Board did not lose jurisdiction over annexation by extending public comment period after public hearing (Kan. App. 2012) 64 PEL 243

City's ability to impose conditions on mental health counseling center, a permitted use in commercial district, is limited by ordinance (Mich. App. 2012) 64 PEL 250

Transportation board director did not unilaterally condemn property in violation of statute by signing order of condemnation (Idaho 2012) 64 PEL 280

Period for judicial review under Land Use Petition Act begins with decision by entity with final authority (Wash. App. 2012) 64 PEL 293

Annexation proceeding was first in time and had priority over incorporation despite defect in initial notice (Ind. App. 2012) 64 PEL 310

Owner failed to establish that compliance with zoning permit requirement would burden a sincerely held Amish religious belief (Wis. App. 2012) 64 PEL 317

New York Department of Transportation acted in bad faith in attempting to condemn drainage easement without a hearing or State Environmental Quality Review Act review (N.Y. App. 2012) 64 PEL 321

Local land use approvals for light-rail project outside of urban growth boundary are not legally significant with respect to actions of metropolitan government (Or. 2012) 64 PEL 341

Federal Housing Finance Agency statement, causing Fannie Mae and Freddie Mac to stop purchasing mortgages for property encumbered by Property Assessed Clean Energy obligations, was a substantive ruling violating the Administrative Procedures Act (U.S. Dist., N.D. Cal. 2012 2012) 64 PEL 352

Environmental Impact Report for Walmart Supercenter was adequate (Cal. App. 2012) 64 PEL 354

City does not have a clear legal duty to revoke business license of medical marijuana dispensary, even if issued in violation of ordinance (Mont. 2012) 64 PEL 359

History of multiple approvals for adult day care facility made it impossible to determine number of parking spaces required (Pa. App. 2012) 64 PEL 366

Conservation commission lacked authority to appoint wetlands compliance officer to bypass supervision of conservation director (Conn. 2012) 64 PEL 368

Land Use Commission member was not disqualified for failure to obtain Senate confirmation of second term (Haw. App. 2012) 64 PEL 369

Conferences to settle litigation concerning denial of zone change did not violate Open Meetings Act (Ky. 2012) 64 PEL 370

PROCEDURE, JUDICIAL

Owner's valuation claims in tax appeal are admissible as relevant to condemnation value (Kan. 2012) 64 PEL 183

U.S. Environmental Protection Agency compliance orders may be appealed in court prior to any attempted agency enforcement (U.S. 2012) 64 PEL 206

Miami City Commission lacked authority to conduct de novo review and impose conditions on second remand (Fla. App. 2012) 64 PEL 224

Class certification was properly denied for owners of property in area designated for highway corridor (N.C. App. 2012) 64 PEL 261

State may rationally limit standing to challenge concentrated animal feeding operations to those having a primary residence within a one-mile radius (Idaho 2012) 64 PEL 307

PROCEDURE, LEGISLATIVE

Ordinance imposing different parking requirements on absentee owners is invalid (N.Y. App. 2012) 64 PEL 180

Statutory procedure for establishing contents of lost records does not address whether the record, a zoning ordinance, was validly enacted (Ga. 2012) 64 PEL 198

Land Use Regulation Commission's amendment and approval of resource plan protection subdistrict for Moosehead Lake area is reinstated (Me. 2012) 64 PEL 199

City council's failure to adopt a statement of consistency with comprehensive plan and public interest rendered rezoning invalid (N.C. 2012) 64 PEL 200

Filing a valid ordinance challenge does not give a developer carte blanche to develop as it wishes; municipality need only cure identified defects (Pa. 2011) 64 PEL 21

Critical Area Commission for the Chesapeake and Atlantic Coastal Bays acted in quasi-legislative capacity in ordering county to not process variance applications; owner of affected property had no right to hearing (Md. App. 2012) 64 PEL 211

PUBLIC FACILITIES

County cannot require town to continue to use its sewer system, but town did not comply with statutory requirements for operating its own system (Ariz. App. 2012) 64 PEL 301

PUBLIC LAND

The territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, the line at which the water usually stands when free from disturbing causes (Ohio 2011) 64 PEL 4

Environmental impact report for renewal of existing marine terminal's lease on San Francisco Bay properly used existing conditions as baseline (Cal. App. 2011) 64 PEL 72

Road remained a public road, despite county's decision to discontinue maintenance, absent a petition by owners of property on the road (Ky. 2011) 64 PEL 73

Ranchers may not sue state for failure to control prairie dogs on public land (S.D. 2011) 64 PEL 78

Approval of management plan for conservation district resource land not involving any specific use did not require contested case hearing, so court lacked jurisdiction to review approval (Haw. App. 2012) 64 PEL 121

Bristol Bay Area Plan, directing management of state lands, affects the public in only a limited way and is not a regulation under Administrative Procedures Act (Alaska 2012) 64 PEL 132

Where city council does not propose a summary for a citizen ballot measure restricting use of the municipal marina to park and recreational purposes, it cannot block voting on the measure based on the citizens group's summary, which was not inaccurate or misleading (Fla. App. 2012) 64 PEL 189

Court denies preliminary injunction with respect to leasing for natural gas exploration and development in Ozark-St. Francis National Forests (U.S. Dist., E.D. Ark. 2012) 64 PEL 193

Discontinuance or abandonment of a public road requires compliance with statute, regardless of whether abutting owners support or oppose abandonment (R.I. 2012) 64 PEL 219

Property owner lacked standing to challenge Memorandum of Agreement relating to treatment of historic properties in redevelopment area (Md. App. 2012) 64 PEL 220

Washington Metropolitan Area Transit Authority is not liable to unapproved assignee of its development contract for property near transit station (U.S. App., 4th Cir. 2012) 64 PEL 268

Unambiguous dedication of lot is not subject to oral evidence of intent to include reversion (R.I. 2012) 64 PEL 279

State public trust is extinguished by federal condemnation of land subject to the trust (U.S. App., 9th Cir. 2012) 64 PEL 300

Trial court erred in enjoining construction of 450-foot lighted tower 1.5 miles outside the Boundary Waters Canoe Area Wilderness (Minn. App. 2012) 64 PEL 302

Borough lacked authority to grant easement to allow developer to use, for open space and stormwater management, parcels purchased with Act 70 funds for recreation purposes (Pa. App. 2012) 64 PEL 337

Neither public trust doctrine nor Project 70 Land Acquisition and Borrowing Act precludes sale of park land acquired with Project 70 funds for development (Pa. App. 2012) 64 PEL 367

Although substantial evidence supported denial of permit for cellular tower, trial court did not adequately analyze "effective prohibition" claim (U.S. App., 1st Cir. 2012) 64 PEL 373

PUBLIC UTILITIES

Owner did not overcome presumption that gas pipeline company acted in good faith in choosing most feasible route (La. App. 2011) 64 PEL 39

Court erred in imposing sanctions on individual township supervisors, including jail sentences, for failure to comply with a Department of Environmental Protection order in connection with provision of sewage services (Pa. 2011) 64 PEL 47

Local Agency Formation Commission's jurisdiction to approve city's provision of water and sewer services outside its sphere of influence does not depend on which party applies (Cal. App. 2011) 64 PEL 54

Development agreement between power company and county, contingent on approval by Minnesota Public Utilities Commission, is valid (Minn. App. 2011) 64 PEL 89

District managing irrigation ditch may enter property for maintenance and improvements without paying underlying owners (Or. App. 2011) 64 PEL 94

Statutory factors, not fair market value, were the proper measure of damages for condemnation of electric utility (Minn. App. 2012) 64 PEL 111

In granting certificate of public convenience, public utility commission was not required to consider environmental impacts of alternate functional configurations (Pa. App. 2012) 64 PEL 133

Irrigation district has discretion to determine whether encroachments interfere with easements and to require removal (Idaho 2012) 64 PEL 235

Department of Environmental Protection acted consistently with statute in exempting power plant from zoning and not requiring discussion of impact on wetlands of purchase of treated effluent that would otherwise be discharged to river (Mass. App. 2012) 64 PEL 236

Trial court appropriately exercised independent review to determine whether owner's evidence overcame city's "prima facie proof" that assessment did not exceed special benefit to its property (Minn. App. 2012) 64 PEL 244

Power company is not immune, as a matter of law, from liability for negligent placement of utility poles (N.J. 2012) 64 PEL 266

Minnesota electric cooperative, qualified to do business in North Dakota, may exercise power of eminent domain (N.D. 2012) 64 PEL 282

Statute waived immunity of regional transportation authorities from condemnation of easement by electric utility (Tex. 2012) 64 PEL 283

Board of public utilities must retroactively apply decision invalidating rules concerning payment for utility extensions and provide refunds (N.J. App. 2012) 64 PEL 286

County cannot require town to continue to use its sewer system, but town did not comply with statutory requirements for operating its own system (Ariz. App. 2012) 64 PEL 301

Inflow and infiltration reduction charge for new connections to deteriorated sewer system under remediation is a fee, not an unlawful tax (Mass. 2012) 64 PEL 318

Water authority may condemn land for sewer and water lines to be installed by a private developer (Pa. App. 2012) 64 PEL 322

Complaint alleging negligence with respect to child's drowning in drainage pipe sufficiently pleaded facts showing exceptions to sovereign immunity (Mo. App. 2012) 64 PEL 336

Indiana law allows a drainage board to assess a benefit to a tract of land based solely on the fact that surface water from that land flows into the regulated drain for which the assessment is levied (Ind. 2012) 64 PEL 344

Metropolitan Water Reclamation District of Greater Chicago is not liable to Cicero for flooding as a result of exceptional rainfalls (Ill. App. 2012) 64 PEL 362

Municipality is not liable for failure to upgrade drainage system, resulting in flooding of property (Ohio 2012) 64 PEL 364

R

RECREATION

Second-class township lacked authority to condemn land for expansion of charter school and public recreation facility (Pa. App. 2012) 64 PEL 147

Railbanking is not within the scope of original railway easements (Ind. 2012) 64 PEL 201

REDEVELOPMENT

Legislature may terminate redevelopment agencies but may not condition continuation on payment to funds for schools and special districts (Cal. 2011) 64 PEL 90

Court upholds environmental impact statement for redevelopment of Denver Union Station (U.S. Dist. Colo. 2011) 64 PEL 91

Redevelopment authority lacked authority to condemn land within redevelopment area but marked as "not to be acquired" (Pa. App. 2012) 64 PEL 146

Allegation of pretext with respect to public purpose for condemnation did not deprive court of jurisdiction (D.C. App. 2012) 64 PEL 182

Substantial extension in completion date required preparation of supplemental environmental impact statement (N.Y. App. 2012) 64 PEL 216

Property owner lacked standing to challenge Memorandum of Agreement relating to treatment of historic properties in redevelopment area (Md. App. 2012) 64 PEL 220

Court properly valued condemned parcels, held by separate entities, as a single economic unit, despite lack of a written agreement among owners (N.Y. App. 2012) 64 PEL 252

Owner of vacant property in redevelopment area, having made no effort to develop its land and having rejected purchase offers, did not establish inverse condemnation (N.J. App. 2012) 64 PEL 260

Approval of redevelopment plan without specific projects violates state Real Property Tax Increment Allocation Redevelopment Act (Mo. App. 2012) 64 PEL 340

Texas Supreme Court upholds takings for cooling plant and parking garage to serve Austin Convention Center (Tex. 2012) 64 PEL 351

RELIGIOUS INSTITUTIONS

Removal to federal court required unanimity where nonconsenting defendants were not merely nominal parties (U.S. Dist., S.D.N.Y. 2012) 64 PEL 202

More restrictive method of measuring minimum distance between business selling alcohol and school applies to school located on church property (Tex. App. 2012) 64 PEL 251

REZONING

Firing range noise, existing before the owners acquired their property, did not result in inverse condemnation when the land was rezoned to permit residential use (Wash. App. 2011) 64 PEL 13

Filing a valid ordinance challenge does not give a developer carte blanche to develop as it wishes; municipality need only cure identified defects (Pa. 2011) 64 PEL 21

After court found denial of rezoning to be arbitrary, commission's approval of special exception amounted to approval of zone change and special exception (Conn. 2011) 64 PEL 22

County's rescission of rezoning to permit construction of residence, before the rezoning became effective, was valid (Utah 2011) 64 PEL 31

Denial of rezoning from agricultural to multifamily classification was not arbitrary (Mich. App. 2011) 64 PEL 55

Rezoning to Planned Unit Development classification required proof of change in the character of the neighborhood or mistake in the original zoning (Miss. App. 2011) 64 PEL 92

Rezoning of property used for military housing to allow continued residential use was not spot zoning (N.Y. App. 2011) 64 PEL 96

Rezoning of 0.81 acres in agricultural-forestry zone for automobile towing business did not constitute illegal spot zoning (Tenn. App. 2012) 64 PEL 135

City council's failure to adopt a statement of consistency with comprehensive plan and public interest rendered rezoning invalid (N.C. 2012) 64 PEL 200

Village had standing to challenge town law rezoning property on its border under the State Environmental Quality Review Act and for procedural violations under the General Municipal Law (N.Y. App. 2012) 64 PEL 223

Challenged development was a General Large-Scale Development that qualified for special use permits (N.Y. App. 2012) 64 PEL 227

Committee formed under city charter to circulate petition on rezoning referendum lacked standing to seek declaration that development underlying the rezoning was unlawful (Va. 2012) 64 PEL 228

Unambiguous dedication of lot is not subject to oral evidence of intent to include reversion (R.I. 2012) 64 PEL 279

While rezoning was valid, negative declaration under State Environmental Quality Review Act was inadequate (N.Y. App. 2012) 64 PEL 325

Applicant was entitled to notice of meeting at which city denied rezoning despite not being "aggrieved" under the statute due to a planning commission recommendation for approval (Miss. App. 2012) 64 PEL 365

Land Use Commission member was not disqualified for failure to obtain Senate confirmation of second term (Haw. App. 2012) 64 PEL 369

Plaintiffs have standing to challenge constitutionality of rezoning by adjoining municipality (Ohio 2012) 64 PEL 372

S

SIGNS AND BILLBOARDS

Sign, altered in a way that reduced, but did not eliminate, nonconformities was properly ordered removed (Mich. App. 2011) 64 PEL 23

Permit condition, by which owner agreed to allow lease for billboard to expire, did not amount to condemnation (Ill. App. 2011) 64 PEL 44

Billboard changing copy every eight seconds would display "intermittent" lighting in violation of Arizona Highway Beautification Act (Ariz. App. 2011) 64 PEL 56

Denial of permits for nonconforming billboards was not arbitrary based on late application for renewal (Ark. App. 2011) 64 PEL 57

Ordinance referring to inspector's "opinion" and providing that inspector "may" issue a permit does not give inspector unconstitutional discretion (Ohio App. 2011) 64 PEL 58

Conversion of part of billboard to digital display did not require consent of landowner, who had granted sign company an easement to improve or replace the sign (N.Y. App. 2011) 64 PEL 93

Determination that entire 270-acre unzoned parcel constituted "commercial or industrial activity" for purposes of locating billboards was not arbitrary (Mont. 2012) 64 PEL 134

Size and height limitations did not constitute a de facto exclusion of billboards (Pa. App. 2012) 64 PEL 203

Ordinance restricting size of sign painted on wall of commercial building is valid (Wash. App. 2012) 64 PEL 214

Ordinance prohibiting 960-square-foot wall painting on canine day care center is constitutional (U.S. App., 4th Cir. 2012) 64 PEL 267

Denial of billboard permit based on "purpose" section of ordinance was arbitrary (Ky. App. 2012) 64 PEL 371

SITE PLANS

Condition reducing the size of proposed expansion to maintain buffer was within board's power (N.Y. App. 2011) 64 PEL 24

Request to amend hotel site plan to replace approved retail space with conference center is not exempt from parking requirements enacted after approval (N.H. 2012) 64 PEL 196

SOCIAL EQUITY

Appeals court upholds approval of expansion of Kettleman Hills hazardous waste facility (Cal. App. 2012) 64 PEL 324

Metal recycling business constituted a junkyard, prohibited in industrial district (Minn. App. 2012) 64 PEL 334

SPECIAL EXCEPTIONS

Surface Mining Act does not preempt local setback requirements (Pa. 2011) 64 PEL 50

SPECIAL PURPOSE DISTRICTS

District managing irrigation ditch may enter property for maintenance and improvements without paying underlying owners (Or. App. 2011) 64 PEL 94

Irrigation district has discretion to determine whether encroachments interfere with easements and to require removal (Idaho 2012) 64 PEL 235

Eugene Water and Electric Board, prohibited from extending "water service" without approval, may sell water to another entity without approval (Or. App. 2012) 64 PEL 258

Washington Metropolitan Area Transit Authority is not liable to unapproved assignee of its development contract for property near transit station (U.S. App., 4th Cir. 2012) 64 PEL 268

SPECIAL USE PERMITS

Approval of special use permit for additional construction at existing convenience center in community preservation district did not require community impact statement (S.C. App. 2011) 64 PEL 59

The existence of special use and operation provisions governing mining indicates that mining is a contemplated use despite ordinance failure to identify districts in which it is permitted (N.Y. App. 2012) 64 PEL 161

Applicant for special permit for telecommunications tower failed to show that the tower would not substantially injure the value of adjoining property (N.C. App. 2012) 64 PEL 374

SPOT ZONING

Imposition of 20-acre minimum lot size on undeveloped 2.85-acre parcel in the middle of a residential tract otherwise zoned for four dwellings per acre constituted spot zoning and a taking (Cal. App. 2011) 64 PEL 95

Rezoning of property used for military housing to allow continued residential use was not spot zoning (N.Y. App. 2011) 64 PEL 96

Rezoning of 0.81 acres in agricultural-forestry zone for automobile towing business did not constitute illegal spot zoning (Tenn. App. 2012) 64 PEL 135

STANDING

The territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, the line at which the water usually stands when free from disturbing causes (Ohio 2011) 64 PEL 4

Individual patient lacks standing to challenge zoning laws concerning medical marijuana dispensaries (Cal. App. 2011) 64 PEL 25

Organization ordered to pay sanctions for appealing comprehensive plan amendment when "standing was clearly not present" (Fla. App. 2011) 64 PEL 60

Abutting owners are aggrieved parties, with standing to challenge construction on farm subject to agricultural easement (Md. App. 2011) 64 PEL 61

Threat to whooping cranes resulting from water flow regulatory practices could constitute a taking (U.S. Dist., S.D. Tex. 2011) 64 PEL 64

Board member, having left meeting after voting, is entitled to seek review of actions that nullify her duly exercised vote (Fla. App. 2012) 64 PEL 97

Neighbor holding senior water rights had standing to challenge approval of preliminary plats that deferred showing of appropriate provisions for water (Wash. 2011) 64 PEL 104

Opponents of planned unit development, who live six to seven blocks from the site, lacked standing to challenge approval (Md. App. 2012) 64 PEL 136

Borough lacked standing to challenge planning board approval of variance where board acted within its statutory authority (N.J. App. 2012) 64 PEL 137

City has standing to challenge railroad's sale of historic embankment to developers (U.S. App., D.C. Cir. 2012) 64 PEL 138

Nonresident property owner lacked standing to litigate a claim for a partial regulatory taking against adjacent political subdivision based on its zoning of contiguous property (Ohio 2012) 64 PEL 156

Association of neighboring farmers and individuals had standing to challenge approval of creamery operation on land subject to agricultural preservation easement (Md. App. 2012) 64 PEL 167

Agriculture irrigation district had standing under the California Environmental Quality Act to challenge subdivision approval, and made a fair argument that the development would contribute to a significant environmental impact, the overdraft of groundwater (Cal. App. 2012) 64 PEL 173

Property owner lacked standing to challenge Memorandum of Agreement relating to treatment of historic properties in redevelopment area (Md. App. 2012) 64 PEL 220

Residents lack standing to challenge county's noncompliance with initiative amendment to charter (Md. App. 2012) 64 PEL 222

Village had standing to challenge town law rezoning property on its border under the State Environmental Quality Review Act and for procedural violations under the General Municipal Law (N.Y. App. 2012) 64 PEL 223

Committee formed under city charter to circulate petition on rezoning referendum lacked standing to seek declaration that development underlying the rezoning was unlawful (Va. 2012) 64 PEL 228

Trial court must address standing of foreign corporation to obtain variances absent clear evidence of interest in the property (Neb. 2012) 64 PEL 269

Owner of land planned for future road has no standing to challenge city's decision to allow a developer to use alternate access (Tex. App. 2012) 64 PEL 287

Conditional use permit for mining on land that included structures did not serve as land disturbance permit (N.D. 2012) 64 PEL 295

State may rationally limit standing to challenge concentrated animal feeding operations to those having a primary residence within a one-mile radius (Idaho 2012) 64 PEL 307

City "policy" is preempted by specific language in state building code concerning egress windows (Minn. App. 2012) 64 PEL 314

City lacked standing to challenge county's rezoning of land the county had acquired in an effort to recruit a large poultry processing facility (N.C. App. 2012) 64 PEL 348

Plaintiffs have standing to challenge constitutionality of rezoning by adjoining municipality (Ohio 2012) 64 PEL 372

SUBDIVISION

Deemed approval remedy is not available where board made decision, but did not communicate it, within statutory period (Vt. 2011) 64 PEL 2

Housing Accountability Act applies to developments, regardless of inclusion of affordable housing (Cal. App. 2011) 64 PEL 42

Findings were inadequate to support conditional approval of subdivision (Idaho 2011) 64 PEL 62

Area including stormwater management facilities is not "open space" for purposes of subdivision ordinance (Pa. App. 2011) 64 PEL 63

Court rejects owners' 10th lawsuit concerning unsuccessful efforts to subdivide 4.47-acre property (N.J. App. 2012) 64 PEL 123

Agriculture irrigation district had standing under the California Environmental Quality Act to challenge subdivision approval, and made a fair argument that the development would contribute to a significant environmental impact, the overdraft of groundwater (Cal. App. 2012) 64 PEL 173

Subdivision access by connection to loop road in adjoining subdivision did not violate regulations concerning dead-end streets (Conn. 2012) 64 PEL 217

Ordinance allowing sequential lot line adjustments is not preempted by Subdivision Map Act and such adjustments are exempt from California Environmental Quality Act review (Cal. App. 2012) 64 PEL 229

T

TAXATION

Development agreement between power company and county, contingent on approval by Minnesota Public Utilities Commission, is valid (Minn. App. 2011) 64 PEL 89

Ordinance requiring that owners repair sidewalks is a valid exercise of the police power, within the authority of the city, and not a special tax, but lien provisions could constitute a taking (Ariz. App. 2012) 64 PEL 152

Tax exemption for facilities for treatment of pollution does not apply to nuclear power plant facilities intended for emergencies and not operated on a regular basis (N.H. 2012) 64 PEL 255

Hamilton Township "impact fee" is a tax not within the authority of the limited-home-rule township (Ohio 2012) 64 PEL 278

Santa Cruz Residential Rental Inspection and Maintenance Program Ordinance is constitutional, not preempted by statute, and not an invalid tax (Cal. App. 2012) 64 PEL 313

Inflow and infiltration reduction charge for new connections to deteriorated sewer system under remediation is a fee, not an unlawful tax (Mass. 2012) 64 PEL 318

TELECOMMUNICATIONS

Owners of building to which telephone company attached terminal box without payment have a claim for inverse condemnation (N.Y. 2012) 64 PEL 204

Variance for 120-foot silo on which telecommunications antenna will be located satisfied statutory requirements (Pa. App. 2012) 64 PEL 205

Trial court erred in enjoining construction of 450-foot lighted tower 1.5 miles outside the Boundary Waters Canoe Area Wilderness (Minn. App. 2012) 64 PEL 302

Although substantial evidence supported denial of permit for cellular tower, trial court did not adequately analyze "effective prohibition" claim (U.S. App., 1st Cir. 2012) 64 PEL 373

Applicant for special permit for telecommunications tower failed to show that the tower would not substantially injure the value of adjoining property (N.C. App. 2012) 64 PEL 374

TRANSPORTATION

Ninth Circuit upholds most provisions of Port Authority Clean Truck Program against challenge of preemption by Federal Aviation Administration Authorization Act (U.S. App., 9th Cir. 2011) 64 PEL 26

Environmental impact report for expansion of San Diego State University inadequately addressed traffic impacts (Cal. App. 2011) 64 PEL 71

In approving abandonment of railroad easements for interim recreation trail use, government prevented reversion, and liability extends to all authorized actions (U.S. Fed. Claims 2011) 64 PEL 80

Measure of compensation for a rails-to-trails taking is the difference between value of servient estate subject to easement and value with no easements (U.S. Fed. Claims 2011) 64 PEL 81

Court upholds environmental impact statement for redevelopment of Denver Union Station (U.S. Dist. Colo. 2011) 64 PEL 91

Environmental impact statements for railroads to serve new coal mines did not take required "hard look" at impacts (U.S. App., 9th Cir. 2011) 64 PEL 98

City has standing to challenge railroad's sale of historic embankment to developers (U.S. App., D.C. Cir. 2012) 64 PEL 138

Final environmental impact statement for bridge across St. Lucie River was adequate (U.S. App., 11th Cir. 2012) 64 PEL 153

Federal law does not preempt state law requirement that railroad, condemning private property, establish that alternative property suitable for the use is unavailable through on-site accommodation (N.J. App. 2012) 64 PEL 170

Exposition Metro Line Construction Authority appropriately used conditions in 2030 as baseline for environmental impact report on second phase of light-rail line (Cal. App. 2012) 64 PEL 230

Department of Environmental Protection cannot be ordered to dredge channels or to identify site for dewatering dredged material (N.J. App. 2012) 64 PEL 238

Petroleum company does not have authority to condemn easements for gasoline pipelines (Colo. 2012) 64 PEL 254

Transportation board director did not unilaterally condemn property in violation of statute by signing order of condemnation (Idaho 2012) 64 PEL 280

Statute waived immunity of regional transportation authorities from condemnation of easement by electric utility (Tex. 2012) 64 PEL 283

Landowner does not have a duty, for purposes of negligence or nuisance, to inspect and cut down sickly trees that have the possibility of falling on a public roadway and inflicting injury (Va. 2012) 64 PEL 288

Local land use approvals for light-rail project outside of urban growth boundary are not legally significant with respect to actions of metropolitan government (Or. 2012) 64 PEL 341

Completion of archaeological inventory survey was required prior to approval of 20-mile rail project with a high likelihood of impact on archaeological resources (Haw. 2012) 64 PEL 356

Owner did not have a property interest in using highway right-of-way to turn vehicles around before exiting to highway (Mont. 2012) 64 PEL 357

U

V

VARIANCES

Change in judicial definition of "unnecessary hardship" constituted changed circumstances for purposes of second variance application (N.H. 2011) 64 PEL 27

Denial of variances for 90 units of affordable housing was not supported by substantial evidence (N.J. App. 2011) 64 PEL 28

Denial of variance was tainted by participation of city's corporate counsel, who represented an objector (N.J. App. 2011) 64 PEL 36

Where statute specified that Zoning Board of Adjustment include city solicitor and city engineer as members, variances approved by the board, including assistant solicitor and public works employee, were invalid (Del. 2011) 64 PEL 99

Board did not abuse its discretion in denying variance for duplex, to be used as transitional housing for homeless families, in a single-family neighborhood (N.J. App. 2011) 64 PEL 100

Local governing body may not delegate to planning commission authority to grant waiver from prohibition of construction on steep slopes (Va. 2012) 64 PEL 131

Variance, not conditional use permit, is required for waiver of height limits in zoning ordinance (Idaho 2012) 64 PEL 139

Variance for large commercial and residential building in a medium-density area did not meet standard for proof of suitability to site (N.J. App. 2012) 64 PEL 140

Individual mailed notice was not required for site visit on reconsideration of variance denial, despite past practice (Alaska 2012) 64 PEL 165

Board was precluded from granting setback variances where owner created hardship by building barbecue area and shed without permits (Del. 2012) 64 PEL 171

Lack of opposition and concerns about view of lake did not justify variances to build garage (Wis. App. 2012) 64 PEL 172

Conditional use variance to allow operation of welding business as a home occupation in a residential, resource conservation district was not arbitrary (N.J. App. 2012) 64 PEL 188

Variance for 120-foot silo on which telecommunications antenna will be located satisfied statutory requirements (Pa. App. 2012) 64 PEL 205

Critical Area Commission for the Chesapeake and Atlantic Coastal Bays acted in quasi-legislative capacity in ordering county to not process variance applications; owner of affected property had no right to hearing (Md. App. 2012) 64 PEL 211

Lack of clarity about whether variance was sought for quarry property on which docks would be located or for lots to be served by docks precluded judicial review (Ohio App. 2012) 64 PEL 231

Desire to renovate existing house into condominium project did not justify variance from loading area requirement (Pa. App. 2012) 64 PEL 232

Although opponents had absolute right to challenge variance approvals and demolition of historic structure, bank's counterclaim against them did not merit award of fees (N.J. App. 2012) 64 PEL 245

Trial court must address standing of foreign corporation to obtain variances absent clear evidence of interest in the property (Neb. 2012) 64 PEL 269

Owner of property lacking required frontage on a public street did not establish entitlement to a reasonable exception (N.H. 2012) 64 PEL 342

VESTED RIGHTS

Developer, who spent $53,000 preparing a plat in compliance with annexation agreement and zoning regulations, has a vested right to proceed (Ill. App. 2011) 64 PEL 29

Determination of whether owner had vested right to continue under Measure 37 waivers requires determination of ratio of costs incurred in good faith to cost of completed project authorized by waivers (Or. 2011) 64 PEL 30

County's rescission of rezoning to permit construction of residence, before the rezoning became effective, was valid (Utah 2011) 64 PEL 31

Application of new road standards to final phase of planned unit development did not constitute zoning; developer had no vested right in previous standards (Tenn. App. 2012) 64 PEL 74

Owner obtained no vested rights with submission of building permit application that did not show stream and buffer and misrepresented existing development (Wash. 2011) 64 PEL 101

Owner, having purchased 4,000 acres for mitigation bank, had no property interest in approval (U.S. App., Fed. Cir. 2012) 64 PEL 120

Request to amend hotel site plan to replace approved retail space with conference center is not exempt from parking requirements enacted after approval (N.H. 2012) 64 PEL 196

Committee formed under city charter to circulate petition on rezoning referendum lacked standing to seek declaration that development underlying the rezoning was unlawful (Va. 2012) 64 PEL 228

Development of wetlands transition property for a duplex, consistent with local zoning, was exempt from Freshwater Wetlands Protection Act (N.J. App. 2012) 64 PEL 247

County's estimate of cost to construct proposed houses was insufficient to determine whether developer had a vested right under Measure 37 (Or. App. 2012) 64 PEL 270

In determining vested rights, court erred in using hypothetical cost of construction and excluding cost of dedicated property (Or. App. 2012) 64 PEL 271

Owner choosing "express pathway" under Measure 49 is entitled to a maximum of three home sites (Or. App. 2012) 64 PEL 272

"Rolling" moratoria, preventing new dock construction pending update of Shoreline Master Program, did not violate constitutional rights of owners (U.S. App., 9th Cir. 2012) 64 PEL 277

City's actions, causing delay in development, did not violate constitutional rights of developer or amount to regulatory taking (Mich. App. 2012) 64 PEL 303

Owner does not have a vested right in proffers that had been imposed on adjoining property when lots were in common ownership (Va. App. 2012) 64 PEL 304

Pinelands Commission had authority to disapprove local board's attempt to extend planned unit development approvals that expired more than 10 years prior (N.J. App. 2012) 64 PEL 343

Owners were "otherwise qualified for relief" under 2010 amendment to Measure 49 and entitled to a homesite in addition to existing home (Or. App. 2012) 64 PEL 355

Where land use regulations have changed in favor of applicant for development approval, rules in effect at the time of application need not be applied (N.J. App. 2012) 64 PEL 375

Owners were not entitled to Measure 49 waivers based on the fact that desired development was not entirely prohibited by law in effect at the time of acquisition (Or. App. 2012) 64 PEL 376

W

WASTE DISPOSAL

Ordinance requiring that waste generated within county be deposited at designated facilities is not preempted by South Carolina Solid Waste Policy and Management Act (S.C. 2011) 64 PEL 18

Court upholds issuance of permits for Gracie Point waste transfer station (N.Y. App. 2011) 64 PEL 102

City could not condemn land for sewer system to serve industrial park without having obtained a certificate of necessity covering the land to be condemned (Tenn. App. 2012) 64 PEL 112

"Discharge of Oil Into Waters" section of the state Water Control Law did not apply to contamination of groundwater as a result of landfill leachate (Supreme Court of Virginia 2012) 64 PEL 124

Town cannot use "prior public use" doctrine to prevent condemnation of land for extension of another town's wastewater discharge pipe to river above aquifer (N.Y. App. 2012) 64 PEL 141

Trial court improperly applied reverse corporate veil piercing to recover civil penalties for environmental violations (Conn. 2012) 64 PEL 192

Condition imposed on permit for landfill expansion and requiring landfill to stop accepting municipal solid waste was not supported by evidence (Haw. 2012) 64 PEL 262

New regulations concerning landfill size and buffering did not violate Commerce Clause or Contract Clause (N.C. App. 2012) 64 PEL 263

Appeals court upholds approval of expansion of Kettleman Hills hazardous waste facility (Cal. App. 2012) 64 PEL 324

WATER AND WATERCOURSES

Board failed to justify denial of comprehensive permit for affordable housing (Mass. App. 2011) 64 PEL 9

Absent a contractual duty, a municipality has no duty to provide water service to nonresidents even if it does provide some service outside its boundaries (Ariz. App. 2011) 64 PEL 32

Ohio Supreme Court orders state to initiate appropriation in connection with flooding from Grand Lake St. Marys (Ohio 2011) 64 PEL 46

Local Agency Formation Commission's jurisdiction to approve city's provision of water and sewer services outside its sphere of influence does not depend on which party applies (Cal. App. 2011) 64 PEL 54

Threat to whooping cranes resulting from water flow regulatory practices could constitute a taking (U.S. Dist., S.D. Tex. 2011) 64 PEL 64

Stock-watering exemption to permit requirement for water withdrawals is not limited to withdrawals of less than 5,000 gallons per day (Wash. 2011) 64 PEL 65

Colorado Supreme Court approves a plan for water management in a subdistrict of the San Luis Valley (Colo. 2011) 64 PEL 103

Neighbor holding senior water rights had standing to challenge approval of preliminary plats that deferred showing of appropriate provisions for water (Wash. 2011) 64 PEL 104

"Discharge of Oil Into Waters" section of the state Water Control Law did not apply to contamination of groundwater as a result of landfill leachate (Supreme Court of Virginia 2012) 64 PEL 124

Town cannot use "prior public use" doctrine to prevent condemnation of land for extension of another town's wastewater discharge pipe to river above aquifer (N.Y. App. 2012) 64 PEL 141

Court declines to extend common enemy doctrine to allow landowner to build substantial flood prevention structures without required permits (Wash. App. 2012) 64 PEL 151

Agriculture irrigation district had standing under the California Environmental Quality Act to challenge subdivision approval, and made a fair argument that the development would contribute to a significant environmental impact, the overdraft of groundwater (Cal. App. 2012) 64 PEL 173

While government enjoys immunity for flood-control activity, neither that immunity nor discretionary function immunity applies to Hurricane Katrina damage attributable to negligence in maintaining Mississippi River Gulf Outlet (U.S. App., 5th Cir. 2012) 64 PEL 174

Yazoo Backwater Area flood control project, first authorized in 1941, is not exempt from U.S. Environmental Protection Agency veto under Clean Water Act (U.S. App., 5th Cir. 2012) 64 PEL 175

Landowners own groundwater in place, so scheme requiring permit for withdrawal may result in compensable taking (Tex. 2012) 64 PEL 176

Dune, created to prevent storm damage, did not confer special benefit to offset damages for condemnation of beachfront property (N.J. App. 2012) 64 PEL 185

Court rejects challenges to 1955 and 1964 condemnations for St. Lawrence Seaway projects (N.Y. App. 2012) 64 PEL 186

Where city council does not propose a summary for a citizen ballot measure restricting use of the municipal marina to park and recreational purposes, it cannot block voting on the measure based on the citizens group's summary, which was not inaccurate or misleading (Fla. App. 2012) 64 PEL 189

Land Use Regulation Commission's amendment and approval of resource plan protection subdistrict for Moosehead Lake area is reinstated (Me. 2012) 64 PEL 199

U.S. Environmental Protection Agency compliance orders may be appealed in court prior to any attempted agency enforcement (U.S. 2012) 64 PEL 206

Initiative and its titles state a single subject, "the public's rights in the waters of natural streams," and are fair, clear, accurate, and complete (Colo. 2012) 64 PEL 221

Revisions to regulations to implement plan for water distribution in the event of shortage did not require preparation of environmental impact report (Cal. App. 2012) 64 PEL 233

Conservation group failed to prove causation in claiming that implementation of development plan has caused or will cause unreasonable pollution of water resources (Conn. App. 2012) 64 PEL 234

Irrigation district has discretion to determine whether encroachments interfere with easements and to require removal (Idaho 2012) 64 PEL 235

Department of Environmental Protection acted consistently with statute in exempting power plant from zoning and not requiring discussion of impact on wetlands of purchase of treated effluent that would otherwise be discharged to river (Mass. App. 2012) 64 PEL 236

Montana Department of Natural Resources and Conservation has authority to request information on historical use of protected water rights in application for change in withdrawal (Mont. 2012) 64 PEL 237

Department of Environmental Protection cannot be ordered to dredge channels or to identify site for dewatering dredged material (N.J. App. 2012) 64 PEL 238

Court upholds issuance of No-Discharge, rather than Pollution Discharge Elimination System, permits for operation housing hogs and using manure as fertilizer (Ky. App. 2012) 64 PEL 240

Eugene Water and Electric Board, prohibited from extending "water service" without approval, may sell water to another entity without approval (Or. App. 2012) 64 PEL 258

City of Montpelier lacks authority to prohibit recreational use of Berlin Pond, its water supply (Vt. 2012) 64 PEL 273

Virginia Department of Transportation may be liable for flooding during extraordinary storm based on its failure to maintain or dredge channel it had modified (Va. 2012) 64 PEL 292

Developer's credit against park fees for previous dedications was limited to recreation trail described in capital facilities plan and did not include wetlands conservation easement (Wash. App. 2012) 64 PEL 319

Water authority may condemn land for sewer and water lines to be installed by a private developer (Pa. App. 2012) 64 PEL 322

Borough lacked authority to grant easement to allow developer to use, for open space and stormwater management, parcels purchased with Act 70 funds for recreation purposes (Pa. App. 2012) 64 PEL 337

State Navigation Law does not preempt local law with respect to Lake Placid (N.Y. App. 2012) 64 PEL 339

Indiana law allows a drainage board to assess a benefit to a tract of land based solely on the fact that surface water from that land flows into the regulated drain for which the assessment is levied (Ind. 2012) 64 PEL 344

Coastal Zone Industrial Control Board must determine whether sewage treatment facility, which is not a manufacturing or heavy industry use under Coastal Zone Act, requires a permit (Del. 2012) 64 PEL 346

Even if Texas Water Development Board influenced U.S. Army Corps of Engineers denial of wetlands mitigation banking permit, it is not liable for taking (Tex. 2012) 64 PEL 358

Metropolitan Water Reclamation District of Greater Chicago is not liable to Cicero for flooding as a result of exceptional rainfalls (Ill. App. 2012) 64 PEL 362

Municipality is not liable for failure to upgrade drainage system, resulting in flooding of property (Ohio 2012) 64 PEL 364

Z

ZONING

Ordinance describing height restriction with reference to adjoining road is unconstitutionally vague (U.S. App., 2nd Cir. 2011) 64 PEL 5

Individual patient lacks standing to challenge zoning laws concerning medical marijuana dispensaries (Cal. App. 2011) 64 PEL 25

Amendment of ordinance, restricting full-scale mining to natural resource zones, complied with the State Environmental Quality Review Act (N.Y. App. 2011) 64 PEL 48

Surface Mining Act does not preempt local setback requirements (Pa. 2011) 64 PEL 50

Ordinance prohibiting check-cashing establishments except in industrial and manufacturing districts is preempted by state banking law (N.Y. App. 2011) 64 PEL 53

Ordinance referring to inspector's "opinion" and providing that inspector "may" issue a permit does not give inspector unconstitutional discretion (Ohio App. 2011) 64 PEL 58

Ordinance was not ambiguous for failing to describe how to measure height of fence (Ohio App. 2011) 64 PEL 67

Conveyance for highway is presumed to be an easement, not fee title (Wis. App. 2012) 64 PEL 116

Opponents of planned unit development, who live six to seven blocks from the site, lacked standing to challenge approval (Md. App. 2012) 64 PEL 136

Variance, not conditional use permit, is required for waiver of height limits in zoning ordinance (Idaho 2012) 64 PEL 139

Firearms training facility does not qualify as a public, private, elementary, or secondary school permitted in agricultural area (N.C. App. 2012) 64 PEL 145

Request for zoning inspection, not part of a periodic or area inspection program, requires particularized finding of probable cause to believe that zoning violations are present (Conn. 2012) 64 PEL 149

Nonresident property owner lacked standing to litigate a claim for a partial regulatory taking against adjacent political subdivision based on its zoning of contiguous property (Ohio 2012) 64 PEL 156

The existence of special use and operation provisions governing mining indicates that mining is a contemplated use despite ordinance failure to identify districts in which it is permitted (N.Y. App. 2012) 64 PEL 161

Ordinance requiring a permit for nonmetallic mining was not a zoning ordinance (Wis. 2012) 64 PEL 163

Qualified medical marijuana dispensary may not be deemed a nuisance simply because it is not permitted in any district by city's zoning code (Cal. App. 2012) 64 PEL 169

Ordinance banning sale of fireworks is not part of the general plan of zoning, and nonconforming use protections do not apply (Tenn. 2012) 64 PEL 197

Owners failed to prove entitlement to agricultural exemption from zoning for 6.5-acre property on which they live or for 35-acre parcel rented to tenants (Iowa App. 2012) 64 PEL 208

Desire to renovate existing house into condominium project did not justify variance from loading area requirement (Pa. App. 2012) 64 PEL 232

Members of town board enjoy absolute immunity for enactment of challenged ordinance (N.Y. App. 2012) 64 PEL 239

Residential apartments over horse barn are not permitted "usual farm buildings" (N.J. App. 2012) 64 PEL 241

More restrictive method of measuring minimum distance between business selling alcohol and school applies to school located on church property (Tex. App. 2012) 64 PEL 251

Revocation of business permits without notice or opportunity to be heard violates constitutional due process, but takings and equal protection claims are not ripe prior to final adjudication in state court (U.S. App.,5th Cir. 2012) 64 PEL 259

Compressor and stripper station, which purifies natural gas before placing it in a pipeline, is "equipment necessary to drilling or pumping operations," a permitted use (Pa. App. 2012) 64 PEL 265

Setbacks for split-zoned lot are measured from lot line, not from zoning line (Tex. App. 2012) 64 PEL 274

Town's general zoning authority prevails over Airport Authority's power to "fix and determine exclusively the uses to which the airport lands may be put" (Ind. App. 2012) 64 PEL 275

Heritage Preservation Commission denial of certificate of appropriateness was not a zoning decision for purposes of judicial review (Minn. App. 2012) 64 PEL 289

Mining standards in consent decree are not enforceable under city's statutory enforcement authority, unless enacted as contract zoning or zoning amendment (Me. 2012) 64 PEL 294

Palm Springs ordinance limiting the number and locations of medical marijuana dispensaries is not preempted by state law (Cal. App. 2012) 64 PEL 299

City's actions, causing delay in development, did not violate constitutional rights of developer or amount to regulatory taking (Mich. App. 2012) 64 PEL 303

Owner does not have a vested right in proffers that had been imposed on adjoining property when lots were in common ownership (Va. App. 2012) 64 PEL 304

Ordinance prohibiting operation of a "formula fast-food restaurant" in central business district validly regulates use, not ownership, of affected property (N.Y. App. 2012) 64 PEL 306

Commonwealth Court finds uniform zoning provisions of Marcellus Shale Act 13 unconstitutional (Pa. App. 2012) 64 PEL 323

Sale of gasoline is not accessory to retail store in district that permits only indoor retail uses (Pa. App. 2012) 64 PEL 327

Ordinance prohibiting all uses contrary to federal law or state law is preempted by Michigan Medical Marihuana Act (Mich. App. 2012) 64 PEL 338

Short-term rental of single-family house was not an unlawful use (Vt. 2012) 64 PEL 349

Zoning enforcement is a discretionary function, not a ministerial duty subject to writ of mandamus (La. App. 2012) 64 PEL 353

City does not have a clear legal duty to revoke business license of medical marijuana dispensary, even if issued in violation of ordinance (Mont. 2012) 64 PEL 359

History of multiple approvals for adult day care facility made it impossible to determine number of parking spaces required (Pa. App. 2012) 64 PEL 366

ZONING ORDINANCES

Statutory procedure for establishing contents of lost records does not address whether the record, a zoning ordinance, was validly enacted (Ga. 2012) 64 PEL 198