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Greene v. Rhode Island

The First Circuit dismissed a Native American tribe's suit to recover 34 square miles of land in Rhode Island they claim was wrongfully taken from their ancestors. The claim is barred by the Rhode Island Indian Claims Settlement Act. And although the United States does have a trust relationship with...

Federation of Hillside & Canyon Ass'ns v. Los Angeles, City of

A California appellate court upheld a city's approval of a general plan framework that includes proposed operational and physical improvements to traffic systems and infrastructure, policies to encourage the use of public transit and reduce vehicle trips, and other measures to reduce traffic congest...

Regency Outdoor Adver., Inc. v. Los Angeles, City of

A California appellate court held that the partial obstruction of billboards caused by a city's planting of palm trees is not compensable under the California Constitution. The trial court erred in finding loss of visibility would not be compensable based on the fact that the loss was caused by a pu...

Oil-Dri Corp. of Nev. v. Washoe County

A Nevada court upheld a county decision denying a company's request for a special use permit to mine clay from two open pits on federal land north of Reno, Nevada, and to build a plant to produce cat litter on private land nearby. The Mining Law of 1872 and federal regulations don't exempt the proje...

Boelts v. Lake Forest, City of

A California appellate court affirmed a lower court decision invalidating an amendment to a redevelopment plan due to insufficient evidence of blight. The amendment was proposed 14 years after the initial plan was adopted. The trial court properly found that the requirement of a blight finding to su...

Longie v. Spirit Lake Tribe

The Eighth Circuit affirmed the dismissal of a tribal member's claim against his tribe in a dispute over an Indian land transfer. The member requested a land transfer in 1976 and, believing the transfer was final, soon began making improvements. But in 2001, he learned from the Bureau of Indian Affa...

Walker v. Mesquite, Tex., City of

The Fifth Circuit affirmed the dismissal of residents' lawsuit against the Dallas Housing Authority seeking to enjoin it from constructing public housing in their community. The decision to build does not violate the residents' right to equal protection under the Fourteenth Amendment. The authority ...

MacKenzie v. San Marcos, City of

A district court dismissed property owners' takings, substantive due process, and equal protection claims against a city after the city denied the owners' request for building permits. The owners' takings claim was dismissed for lack of subject matter jurisdiction. The owners did not adequately seek...

Lamb v. Martin Marietta Energy Sys., Inc.

The court holds that the government contractor defense was available to an operator of a gaseous diffusion plant in an action by neighboring landowners for environmental contamination of their property, but that the operator failed to establish the defense, and that state law does not permit recover...

Oregon Waste Sys., Inc. v. Department of Envtl. Quality

The Court rules that the state of Oregon's imposition of a surcharge on the in-state disposal of solid waste generated in other states that is nearly three times that imposed on the disposal of waste generated within Oregon violates the Commerce Clause of the U.S. Constitution. Oregon imposed a $2.5...