Zoning Law
 
Gabriele Duncan and Edward Duncan v. Dominion Estates Homeowner's Association

Appellants, Gabriele and Edward Duncan, challenge the trial court’s entry, after a jury trial, of a take-nothing judgment in favor of appellee, Dominion Estates Homeowners Association (“DEHA”), and the trial court’s rendition of summary judgment in favor of appellees, Charles Amos, Thelma Bowie, Natalie Powell, and Marques Collins (the “DEHA board members”), in the Duncans’ suit agai

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Miami-Dade County v. Thomas and Michelle Torbert

Miami-Dade County petitions for a writ of certiorari to the Circuit Court, Appellate Division, to quash an opinion overruling a Miami-Dade County Commission resolution that approved a Miami-Dade County zoning determination that the respondents’ property be developed only in accordance with current GU zoning regulations. We have second-tier certiorari jurisdiction. See Custer Med. Ctr. v. United

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Texas General Land Office v. Sonya Porretto

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea

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Traudi Thomason v. Zoning Hearing Board of the Township of Radnor and Radnor Township

Radnor Township appeals an order of the Court of Common Pleas of Delaware County sustaining a zoning appeal by landowners Traudi and Robert Thomason. In doing so, the trial court reversed an adjudication of the Zoning Hearing Board of Radnor Township (Board) that had denied the Thomasons’ validity challenge to the Radnor Township Zoning Ordinance.1 Because we agree with the trial court that the

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Linda C. Nordlund v. Elizabeth M. Van Nostrand

¶ 1. Plaintiff appeals a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of defendants for lack of subject matter jurisdiction. We affirm.

¶ 2. Plaintiff, Linda Nordlund, owns a property (Nordlund parcel) on West Shore Road in Salisbury, Vermont. Defendant Elizabeth Van Nostrand (Van Nostrand) owns the abutt

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Charles Pater v. The City of Casper

This case arises out of a contract dispute between two landowners and the City of Casper regarding whether the landowners are obligated to reimburse the City for certain street improvements. When the landowners did not comply with the City’s demands for payment, the City recorded deficiency notices in the local property records for their lots. With this burden on the landowners’ titles, the Ci

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Treena A. Wirthers v. Marc J. Jepsen

¶1 Marc J. Jepsen appeals from the district court's final order granting summary judgment to Treena A. Withers in this action for partition of jointly owned real property. The district court determined that the property could not be equitably divided into parcels. Accordingly, it ordered that the property be sold and the net proceeds, after retirement of the mortgage, be divided equally between t

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Raymond W. Cahoon, Jr. v. Oscar Shelton

We are entering an era in which retirement benefits paid to public employees are subject to heightened scrutiny. In this case, a municipality became convinced that former firefighters and police officers who had retired on disability pensions were collecting a particular benefit (full reimbursement of certain medical expenses) without legal warrant. The municipality acted on this conviction and st

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Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits

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Abengoa Bioenergy v. Chicago Title Insurance Company

Abengoa Bioenergy sued Chicago Title Insurance Company on breach of contract and negligence theories claiming that defendant failed to give property notice to a number of property owners entitled to notice on an application for a change of zoning needed in Colwich, Kansas for Plaintiff to build an ethanol plant. As a result of the failure to give property notice, the property owners challenged th

More...   $48300000 (07-19-2011 - MO)

Elk Ridge Lodge, Inc. v. George M. Sonnett

[¶1] George M. Sonnett, Jr., and Wendy Z. Burgers-Sonnett purchased approximately twenty acres of land and improvements in Sublette County, Wyoming, from Elk Ridge Lodge, Inc. To finance part of the purchase price, the Sonnetts gave Elk Ridge a promissory note secured by a mortgage on the property. They later defaulted on the note, and Elk Ridge filed suit against the Sonnetts seeking judgment an

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Mike Touris v. Flathead County

¶1 Mike Touris and Chuck Sneed (“Touris”) appeal from an order of the District Court, Eleventh Judicial District, Flathead County, granting summary judgment in favor of Flathead County, Bigfork Land Use Advisory Committee, Flathead County Planning Board, Flathead County Board of Commissioners, Flathead County Planning and Zoning Office, Flathead County Zoning Administrator Jeff Harris, and Do

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Lynette Patterson v. State of Idaho Department of Health & Welfare

Lynette Patterson appeals the dismissal of her claims against her former employer for alleged violation of the Idaho Human Rights Act and the Idaho Protection of Public Employees Act. We affirm.

I.

Factual and Procedural History

This is a constructive discharge case arising under the Idaho Human Rights Act (IHRA), I.C. § 67-5901 et seq., and the Idaho Protection of Public Emp

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Charles M. Fisher v. Benton County

2 Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit
3 court's judgment in a writ of review proceeding that affirmed respondent Benton
County's1 4 determination that the Fischers have a vested right to complete a subdivision of
their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004)2 5
6 but do not have a vested right to est

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Neighborhood Enterprises, Inc. v. City of St. Louis

Neighborhood Enterprises, Inc. ("Neighborhood"), Sanctuary In The Ordinary (SITO), and Jim Roos (collectively, "Sanctuary") filed suit against, inter alia, the City of St. Louis ("City") and St. Louis Board of Adjustment ("Board") challenging the Board's denial of a sign permit. Sanctuary further challenged the constitutionality of provisions of Chapter 26.68 of the Revised Code of the City of St.

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Centro Familiar Cristiano Buenas Nuevas v. City of Yuma

We address the “equal terms” provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA).1

I. Facts

Centro Familiar Cristiano Buenas Nuevas, founded in 1998, is a Christian congregation of around 250 members, associated with the Arizona Southern Baptist Convention. The church sued for a declaratory judgment, injunction, and damages, when the City of Yuma preven

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Bishop Harvey v. Town of Merrillville

Henry David Thoreau found solace when he lived near Walden Pond. Homeowners perhaps seeking the same from a small pond in the Innsbrook subdivision in Merrillville, Indiana, claim to have found anything but. They allege that the retention pond their lots abut is a haven not for tranquility but for algae and mosquitoes, a source of flooding and frustration rather than inspiration and insight. They

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James L. Mills v. Ronald Godlove

The Euclidean1 method of zoning is generally how municipalities divide “‘an area geographically into particular use districts, specifying certain uses for each district.’” People’s Counsel for Baltimore County v. Loyola College in Maryland, 406 Md. 54, 70 (2008) (quoting Rouse-Fairwood Dev. Ltd. P’ship v. Supervisor of Assessments for Prince G eorge’s C ounty, 138 Md. App. 589, 623 (

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Joseph Kopylec v. Town of North Bransford

The plaintiff, Joseph Kopylec, appeals from the judgment of the trial court denying his application to discharge a court order that the defendant, the town of North Branford (town), had recorded on the town land records. On appeal, the plaintiff claims1 that the court improperly denied his application because the recorded order is an unenforceable judgment lien certificate.2 The judgment is affirm

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Duane Horton v. Portsmouth Police Department

Duane Horton (plaintiff or Horton) appeals from a Superior Court grant of summary judgment in favor of the defendants, the Portsmouth Police Department (department) and various Town of Portsmouth officials (collectively, defendants), dismissing the plaintiff’s thirteen-count amended complaint alleging malicious prosecution, false arrest, false imprisonment, tortious denial of access to public re

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Timothy S. Barrow v. D&B Valley Associates, LLC

On August 1, 2001, Timothy and Barbara Barrow (the Barrows or plaintiffs) filed suit in the Superior Court for Newport County to quiet title to a strip of land of which D&B Valley Associates, LLC was the record owner. The Barrows claimed title through adverse possession or, in the alternative, through boundary by acquiescence. After a two-day bench trial, the trial justice held that the Barrows ha

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The Shelter Harbor Conservation Society, Inc. v. Charles A. Rogers

The plaintiff, The Shelter Harbor Conservation Society, Inc. (the Society or plaintiff), appeals from a Superior Court judgment granting Charles A. and Nancy L. Rogers’s (the Rogerses or defendants) motion for summary judgment. The Society argues that a genuine issue of material fact exists about whether the defendants’ lots had merged under the zoning ordinance of Westerly, Rhode Island. Spec

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John A. Logan v. Donna Wilkins, M.D.

John A. Logan claims that the defendants, who are local government officials and a private individual, conspired to deprive him of a mobile home park he owned in Indiana, in violation of his constitutional rights. Much of the defendants’ alleged wrongdoing occurred more than two years before Logan filed this lawsuit. Because Logan’s claims are subject to a two-year statute of limitations, we f

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Rhonda Ezell v. City of Chicago

For nearly three decades, the City of Chicago had several ordinances in place “effectively banning handgun possession by almost all private citizens.” McDonald v. City of Chicago, 130 S. Ct. 3020, 3026 (2010). In 2008 the Supreme Court struck down a similar District of Columbia law on an original‐ meaning interpretation of the Second Amendment.1 District of Columbia v. Heller, 554 U.S. 570,

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Rogert Steele v. City of Shelley

Roger Steele, et al., (“Appellants”) appeal the district court’s dismissal of their petition for judicial review of the City of Shelley’s (“Shelley”) annexation of land in Bingham County commonly known as “Kelley Acres.” The district court dismissed the petition, finding that there was no statutory authorization for judicial review of Shelley’s category A annexation. Appellants,

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