[¶1] The City of Portland voted in February of 2009 to deny renewal of a liquor license to the “Cactus Lounge,” a bar owned and operated by Allied Resources, Inc. After a de novo review, the Liquor Licensing Division of the Department of Public Safety affirmed the denial, and the District Court (Portland, Beaudoin, J.) affirmed the decision of the Department. The bar has continued to operate

Following a six-week trial, on July 27, 2010, a unanimous ten-member Maricopa County jury awarded a landmark $110,658,800 verdict to the Gray Development Group against Northeast Phoenix Partners – the master developer of Desert Ridge and the Chicago-based developer of the financially troubled CityNorth project at Desert Ridge. The case concerned Gray's attempts to develop a 41-acre parcel locat

Appellant, Sea Mist Council of Owners ("Sea Mist"), appeals an order of the trial court granting summary judgment in favor of the intervenors, Palms Investment Group, Ltd. and PRM Management Company ("Palms"). By two issues, Sea Mist urges that the trial court erred in granting the summary judgment because the Board of Adjustments of the Town of South Padre Island ("Board of Adjustments") erred i

The issue presented by this appeal is whether a trial court may order a planning board to grant an application for a land use approval even though the court determines that there is a substantial question concerning the validity of the part of the zoning ordinance under which that approval was sought. We conclude that if a trial court hearing an action challenging a planning board's decision

Melrose, Inc. (“Melrose”) brought this action challenging the Pittsburgh Zoning Board’s rejection of its applications to change the Identification Signs on five Pittsburgh buildings. The proposed building names included “wehirenurses.com building” and “palegalhelp.com.” The Zoning Board determined that the signs were Advertising Signs and were therefore prohibited in the zoning distr

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag

Plaintiffs-appellants Lawrence and Janet Ruston (“the
29 Rustons”) allege a “class of one” equal protection claim
30 against local authorities that denied applications for a
31 subdivision and additional sewer hookups for plaintiffs’ lot
32 fronting Lake Skaneateles.
This account of the dispute is derived from the 1
Rustons’ January 12, 2009 amended complaint, t

The prior tortured procedural history of the underlying cause between Darren S. and Stacy D. Fallis (“the Fallises”) and River Mountain Ranch Property Owners Association, Inc. (“the Association”) is detailed in this court’s opinion in In re Fallis, No. 04-08-00781-CV, 2009 WL 262119 (Tex. App.—San Antonio Feb. 4 2009, orig. proceeding) (mem. op.) (per curiam). In this appeal, the Fall

Austin Gurdwara Sahib (AGS), a Sikh religious organization, announced plans for and began building a temple on their lot in the Bee Caves West Subdivision ("the Subdivision"). John and Leslie Bollier, lot owners in the Subdivision, filed suit, seeking a permanent injunction to enjoin construction of the temple based on property deed restrictions. AGS filed a counterclaim for defamation. After a b

The court granted rehearing en banc to consider the proper standard for applying the equal-terms provision of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc. That provision states that “no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or in

Musa Madain appeals the denial of his petition for a writ of mandate challenging denial by the City of Stanton (the City) of his application for a permit to operate an adult-oriented cabaret. The City denied the application on the basis the location selected by Madain was within 300 feet of a planned church. Although Madain challenged the authenticity of the church itself in the proceedings below,

The plaintiff, Alan Vine, appeals from the judgment of the trial court dismissing his appeal from the approval of a site plan by the defendant planning and zoning commission of the town of Wallingford (zoning commission). The plaintiff claims that the zoning commission acted illegally, arbitrarily and in abuse of its discretion by failing to comply with the requirements of General Statutes (Rev. t

The plaintiff, Michael Clare, appeals a decision of the Superior Court (Dalianis, J.) affirming a decision of the planning board for the Town of Hudson (Town) denying Clare’s request to refund the cost of a performance bond filed with the Town. We affirm in part, reverse in part, and remand.

The record evidences the following facts. Clare, as trustee of the Horizon Realty Trust, is one of

Appellants Fred and D‟Arcy Tomlinson (the Tomlinsons) filed a petition for a writ of administrative mandate (Code Civ. Proc., § 1094.5), challenging the decision of respondent County of Alameda (County) to approve a subdivision development proposed by real parties in interest, Y.T. Wong and SMI Construction, Inc. (Developer). The trial court denied the petition. The Tomlinsons appeal from the t

This case arises under the Ellis Act, Government Code section1 7060, et seq. The Ellis Act gives landlords "the unfettered right," as outlined in the statute, to remove their residential units from the rental market (City of Santa Monica v. Yarmark (1988) 203 Cal.App.3d 153, 165) and means that cities cannot prevent residential landlords from going out of the landlord business. (§ 7060.7.)

Petitioner Garden Valley Estates, LLC (Garden Valley) seeks judicial review of an order of the Land Use Board of Appeals (LUBA) in which LUBA reversed the county's plan amendment and zone change concerning a 259-acre parcel. On review, Garden Valley contends that, because the 590-acre ranch (of which the 259-acre parcel had been a part) could not be profitably grazed and, for that reason, was not

The issue in this certified appeal is whether the Appellate Court properly affirmed the judgment of the trial court concluding that the plaintiff, Allstate Insurance Company, could hold the named defendant, Stephen Palumbo (defendant),1 liable under the doctrine of equitable subrogation to recover damages the plaintiff had paid under a homeowner’s insurance policy issued to its insured, the defe

In this consolidated appeal,1 the defendant Herbert Watstein appeals from the trial court’s judgment, claiming that the court improperly concluded that the zoning board of appeals of the town of Old Saybrook (board) lacked jurisdiction to hear and determine Watstein’s administrative appeal, which concerned whether the town zoning enforcement officer properly had issued a certificate of zoning

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and

[¶1] Bruce Gilbert, owner of a 21.85-acre parcel of property approximately one mile southeast of Meeteetse, Wyoming, seeks review of the decision of the Board of County Commissioners of Park County, which the district court affirmed, that denied his request for a land use variance after extended public hearings. We affirm the Board‟s decision.

STATEMENT OF THE ISSUES

[¶2] In

In three issues, Appellant Destructors, Inc. appeals the trial court=s order granting Appellee City of Forest Hill=s plea to the jurisdiction. We must determine whether the trial court had subject-matter jurisdiction to enjoin the enforcement of the municipal ordinance at issue. Because we hold that it does not, we affirm.

II. BACKGROUND

Destructors operates concrete and aspha

The Board of County Commissioners of Boulder County (“the County”), Defendant-Appellant, appeals the district court’s denial of judgment as a matter of law and entry of a permanent injunction following a jury verdict for Rocky Mountain Christian Church (“RMCC”) on three counts of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc. The jury found

In July 2000, Michael E. Nikolas purchased 6.79 acres of land within three miles of the Omaha city limits, an area in which the City has statutory planning and zoning authority. See Neb. Rev. Stat. § 14-418. The property included a forested area, a ravine, a house, and a dilapidated two-story structure built by a prior owner without necessary building permits that the City had placarded for conde

Miami-Dade County [“County”] appeals from a non final order granting the County’s motion to enforce a Settlement Agreement between the County and Concrete Structures, Inc. [“CSI”]. We affirm.

CSI runs an operation in west Miami-Dade County excavating lime rock to create aggregate and other concrete products. CSI operates pursuant to federal, state, and county permitting. In 2000,

The narrow question presented in this appeal is whether a town may close a town road that provides the sole existing access to a property in an adjoining town in order to prevent traffic from a proposed subdivision on the property from overburdening the road. The planning and zoning commission of the town of Columbia granted the application of the plaintiffs, Wellswood Columbia, LLC (Wellswood), a