This is an appeal from the district court's declaratory judgment that defendants own timber by reservations in deed, and have the right to clearcut the timber, although plaintiff fee-owner's ability to graze cattle on his land will be severely hampered thereby. The circuit court affirms that the tim...

Owner of coal cleaning plant that emits coal dust is not liable for damages in an action brought by owners of nearby homes, unless the invasion of property caused by the plant's emission of coal dust is both substantial and either intentional and unreasonable or unintentional and actionable, as negl...

Private Ohio airport cannot obtain injunction against construction of 600-foot smokestack on nearby property despite interference with landings at three runways. Interference with plaintiff's use of defednat's property not nuisance. Defendant landowner owns at least as much of the space above his gr...

Federal district court does not have jurisdiction under the Civil Rights Act, 42 U.S.C. §1983 and 28 U.S.C. §1343(3), of a landowner's suit that alleges that the application of a North Carolina statute authorizing extra-territorial zoning to 85 acres outside the city in order to allow its use for ...

City planning commission's regulation requiring developer to set aside percentage of land for playgrounds or parks is constitutional exercise of police power when passed pursuant to Connecticut statute authorizing such commissions to adopt plans specifying most desirable use of land and including pr...

Motion for preliminary injunction denied in suit to bar the Secretary of Agriculture from undertaking a program to control the imported fire ant by aerial application of the pesticide, Mirex. U.S.D.A. studies of the potential environmental impact of the fire ant control program, and the environmenta...

Failure of Economic Development Administration to file an environmental impact statement under the National Environmental Policy Act in connection with $3,795,200 grant to county for construction of 26 miles of new road and surfacing of 7.5 miles of existing road to run partly through national fores...

The Secretary of Transportation's disbursement of federal funds for highway construction through a Harrisburg public park enjoined and the matter remanded to the Secretary for more explicit findings under the Parklands Statutes, 49 U.S.C. §1653(f) and 23 U.S.C. §138. The Secretary's determinations...

Trial court's dismissal of appeal from Connecticut Water Resources Commission's grant of a permit to erect a pier into Long Island Sound set aside and a new trial ordered. The trial court's refusal to admit evidence outside the record of the ex parte administrative proceedings was error, because the...

This suit involves conflicting claims between Utah and the United States to the shorelands around the Great Salt Lake. The Special Master appointed by the Court found that at the date of Utah's admission to the Union, the Lake was navigable and that the lake bed passed to Utah at that time. These fi...