Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Kelo v. New London, City of

The U.S. Supreme Court held that a city's proposed disposition of property owners' property, in a plan designed to revitalize the city's ailing economy, qualifies as a "public use" within the meaning of the Takings Clause of the Fifth Amendment to the U.S. Constitution. There is no allegation that a...

Reichley v. Pennsylvania Dep't of Agric.

The court holds that the Pennsylvania Department of Agriculture's actions in response to an outbreak of avian influenza did not deprive a poultry farmer of his property in violation of the Fourteenth Amendment. The case arose after three flocks of the farmer's chickens were suspected of having avian...

IESI AR Corp. v. Northwest Arkansas Reg'l Solid Waste Management Dist.

The court holds that a solid waste management district regulation requiring solid waste to be disposed at either in-district or out-of-state landfills, unless otherwise authorized, does not violate the U.S. or Arkansas Constitutions. The regulation does not violate the Commerce Clause because it is ...

Benson v. State

The court holds that a state statute concerning the shooting of small game from a public right-of-way does not constitute a compensable taking under the U.S. or South Dakota Constitutions. Lacking more than intermittent and temporary invasions, or the placement of a fixed structure upon the land by ...

National Solid Wastes Management Ass'n v. Daviess County

The court affirms a lower court's grant of summary judgment in favor of a trade association declaring that a county's proposed ordinance involving waste disposal is unconstitutional and enjoining the county from its enforcement. By forcing the trade association's members to use the county's disposal...

Olympic Pipe Line Co. v. Seattle, City of

The court holds that the Pipeline Safety Improvement Act of 2002 preempts a city's regulatory efforts to provide safety oversight of a hazardous liquid pipeline within city boundaries. After a section of a hazardous liquid pipeline exploded in Seattle, Washington, the city refused to renew the pipel...

United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Auth.

The court holds that municipal flow control ordinances do not violate the dormant Commerce Clause of the U.S. Constitution. The municipal scheme at issue requires that the garbage generated by local households and businesses be delivered to facilities that are owned and operated by a public corporat...

Wyoming v. Livingston

The court upholds the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in th...

Allegretti & Co. v. Imperial, County of

A court holds that a county did not effect a physical or regulatory taking when it imposed conditions on a landowner's permit to activate a well on its property. The conditional use permit limited the landowner from extracting no more than 12,000 acre/feet per year of water from the aquifer underlyi...

John R. Sand & Gravel Co. v. United States

The court vacates a lower court decision finding that the United States is not liable to a mining company for the alleged permanent physical taking of its leasehold interest in a 158-acre tract of land in Michigan. The takings claim arose after a landfill north of the company's plant was placed on t...