20 This appeal concerns a longstanding land-use dispute between
21 plaintiff-appellee Fortress Bible Church (“the Church�) and
22 defendant-appellant Town of Greenburgh, New York (“the Town�)
23 over the Church’s plan to build a worship facility and school on
24 land that it owned within the Town. After a series of
25 contentious administrative proceedings effectively... More...   $0 (09-25-2012 - )

May the City of Warrenton, in the exercise of its police powers, require Warren County to comply with city building codes in the construction of the county’s new administration building within the city limits? We hold that the city may, and thus affirm summary judgment entered in favor of the city.

Factual and Procedural Background

Two political subdivisions of the state find thems... More...   $0 (09-18-2012 - MO)

The sole issue in this certified appeal in this child custody action is whether the Appellate Court properly dismissed the appeal of the plaintiff, Maureen J. Khan, from the trial court’s order of contempt, due to the absence of a final judgment. The plaintiff appeals, following our grant of her petition for certification, from the judgment of the Appellate Court dismissing her appeal from an or... More...   $0 (09-16-2012 - CT)

The Sedgwick County, Kansas, Board of Zoning Appeals (Board) appeals the district court's decision vacating the Board's grant of three zoning variances to Norman and Leatha Hein related to their lawn care business operated from their rural home. The Board argues that Larry Hacker, Terry Hacker, Richard Gronniger, and Kansas Paving Company, who are the owners and lessees of real property adjacent t... More...   $0 (09-14-2012 - KS)

A labor union, three public interest organizations, and an individual filed a lawsuit challenging the City of Visalia‟s (City) handling of VWR International, LLC‟s proposal to build a large distribution facility in Visalia. Plaintiffs alleged that the City‟s approval of the project violated the California Environmental Quality Act (CEQA)1 and provisions of the Visalia Municipal Code regardin... More...   $0 (09-14-2012 - CA)

¶1 This case involves the intersection of municipal zoning regulations and the right of tattoo artists to ply their trade. After the City of Mesa denied Ryan and Laetitia Coleman a permit to operate a tattoo parlor, the Colemans filed this action alleging violations of their rights to free speech, due process, and equal protection under the federal and Arizona Constitutions. The superior court di... More...   $0 (09-07-2012 - AZ)

2 On judicial review, petitioner Devin Oil Co., Inc., seeks reversal and
3 remand of a final opinion and order of the Land Use Board of Appeals (LUBA). In that
4 decision, LUBA upheld an order issued by respondent Morrow County that adopted a
5 Limited Use (LU) overlay zone and approved the plan and zone change application of
6 respondent Love's Travel Stops & Country Stores, Inc.,... More...   $0 (08-29-2012 - OR)

The defendants, the planning board of the city of Stamford and subdivision applicant Michael Innaurato,1 appeal from the judgment of the trial court sustaining the aggrieved plaintiffs’ appeal2 from the planning board’s approval of Innaurato’s subdivision application. On appeal, the defendants claim that the trial court improperly substituted its judgment for that of the planning board when ... More...   $0 (08-28-2012 - CT)

This is a certified appeal by the plaintiff, Elise Piquet, from the judgment of the Appellate Court, which reversed the trial court’s judgment in favor of the defendants, the town of Chester (town) and its planning and zoning commission, and remanded the case with direction to dismiss the action. The plaintiff claims that the Appellate Court incorrectly determined that the trial court lacked sub... More...   $0 (08-27-2012 - CT)

This appeal concerns the legality of actions taken by the City of Frankenmuth (the City) to keep a Wal-Mart supercenter from being built on land owned by the Loesel family in Frankenmuth Township (the Township). As the result of a post purchase-agreement ordinance that restricted the size No. 10-2354 Loesel, et al. v. City of Frankenmuth Page 2 of any new buildings on the property to 65,000 square... More...   $0 (08-21-2012 - MI)

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e... More...   $0 (08-16-2012 - MA)

This is a diversity case arising from the breakdown of contract negotiations between Citadel Group Limited and Washington Regional Medical Center over the development, construction, and lease-back arrangement of a medical office building. Washington Regional entered into a contract with Citadel to proceed with pre-construction project development, which contemplated the subsequent execution of gro... More...   $0 (08-15-2012 - IL)

This appeal arises from an attempt by appellant Green Mountain Realty Corp. to secure permits and regulatory approval to construct a 140-foot cellular phone tower in Milton, Massachusetts. Green Mountain's applications to the Town of Milton Zoning Board of Appeals (the "Board" or "BOA") and the Milton Conservation Commission (the "Commission" or "MCC"), both necessary steps in the approval proces... More...   $0 (08-10-2012 - MA)

This is an inverse condemnation action in which Trail Enterprises, Inc., d/b/a Wilson Oil Company (―Trail‖), and other plaintiffs (collectively ―appellees‖) sued the City of Houston, Texas (―the City‖), alleging that restrictions on the drilling of oil and gas wells in the area of Lake Houston constituted a compensable taking of their property rights.1 Each appellee owns a mineral inte... More...   $0 (08-09-2012 - TX)

Thompson Farms sued Aurora County on an inverse condemnation theory claiming that a 1998 change in the county's zoning laws that capped the number of animals allowed in a feeding operation constituted a taking on its land without just compensation.... More...   $600000 (07-28-2012 - SD)

¶1 The dispute in this case stems from the purchase of a house built in Park City, Utah. Mr. Yates built the house and lived in it for approximately two years. The Reighards then purchased the house from him. After living in the house for over two years, the Reighards discovered mold in some of the windows and walls and sued Mr. Yates.

¶2 The jury found in favor of the Reighards on thei... More...   $0 (07-27-2012 - UT)

2 Plaintiff brought this fraud action against defendant, alleging that he had
3 relied on statements by one of defendant's claims adjusters in entering a contract with a
4 contractor for repair work on plaintiff's rental property and, as a consequence, had been
5 damaged by the contractor's failure to obtain the building permits necessary to perform
6 the repairs and to make the re... More...   $0 (07-25-2012 - OR)

The defendants, Aspetuck Land Trust, Inc. (Aspetuck) and the town of Wilton, appeal from the judgments of the trial court in favor of the plaintiffs, Laurie Ann Deilus and Christopher Montanaro, and the intervening plaintiffs, Thomas T. Adams, William L. Sachs and David F. Clune, the trustees of the Elizabeth Raymond Ambler Trust (Ambler trustees). The defendants claim that the court improperly (1... More...   $0 (07-23-2012 - OK)

Wild Rose Rescue Ranch appeals the trial court’s order granting the City of Whitehouse’s plea to the jurisdiction. In three issues, Wild Rose argues that the trial court had subject matter jurisdiction to consider its constitutional challenge to a city ordinance, that it should have been allowed to present evidence at the hearing on the City’s plea to the jurisdiction, and that it should hav... More...   $0 (07-12-2012 - TX)

[¶1] David F. D’Alessandro and Jeannette A. D’Alessandro appeal from a judgment entered in the Superior Court (Cumberland County, Wheeler, J.) pursuant to M.R. Civ. P. 80B affirming a decision of the Town of Harpswell Board of Appeals. The Board had denied the D’Alessandros’ appeal of a permit issued by the code enforcement officer to several subdivision landowners to install a seasonal s... More...   $0 (07-10-2012 - ME)

were opposed to the LCO because of the potential harms to the neighboring farms and to the Minidoka National Historic Site petitioned the district court for review of the Board’s decision on remand from the district court. The district court affirmed the Board’s approval of the permit, finding in the process that four of the organizations concerned with the effects on the Minidoka National His... More...   $0 (07-06-2012 - ID)

Kings Ridge Community Association, Inc. (“the Associationâ€�), appeals a final summary judgment in favor of its insurer, Sagamore Insurance Company. The trial court concluded that the Association's damaged clubhouse was not in a state of "collapse," as that term is defined by the insurance policy issued by Sagamore, and thus the loss was not covered. We respectfully disagree and accordingly reve... More...   $0 (07-06-2012 - FL)

The Village of Palmetto Bay petitions for certiorari relief from an order of the circuit court appellate division granting a motion to enforce its mandate in Palmer Trinity Private School, Inc. v. Village of Palmetto Bay, 18 Fla. L. Weekly Supp. 342a (Fla. 11th Jud. Cir. Ct. Feb. 11, 2011).1 Both Palmetto Bay and Palmer Trinity maintain, and we agree, that this order is subject to “first tierâ€�... More...   $0 (07-06-2012 - FL)

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the... More...   $0 (07-03-2012 - CA)

For years Cinnamon Hills has run a residential treatment facility in St. George, Utah for young people with mental and emotional disorders. Now, it wants to expand its operations with a new “step-downâ€� program. Participants would live in a separate facility with more responsibility and autonomy than other students, all to help prepare them for reentry into society. Cinnamon Hills hopes to hous... More...   $0 (07-03-2012 - UT)