The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first holds that the company's federal due process claim was properly d...

The court affirms a district court dismissal of a property rights group's complaint challenging six national monument designations by President William J. Clinton under the Antiquities Act. The group claimed that President Clinton acted unconstitutionally and ultra vires under the Property Clause of...

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and ordering him to remove an access road on the property and to restore the wetlands on his lots. The landowner buil...

The court affirms a district court decision that a city's trash collection ordinance did not violate the Equal Protection Clause of the U.S. Constitution. The ordinance stated that the city would provide trash removal services to all residential property owners except those whose property required m...

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park. Under the bequest to the city, if the land was not used as a public park or if the park name was changed, the...

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of recreational use without regard to ownership of the land underlying the ...

The court holds that the Double Jeopardy Clause does not bar an individual's federal criminal prosecution for violating the Clean Air Act (CAA) asbestos-removal regulations even though he was previously assessed a civil penalty for the same conduct by a county health district. The individual entered...

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the landowners' fill permit application was a final decision rendering t...