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Associated Home Builders of the Greater East Bay v. Walnut Creek, City of

Section 11546 of California's Business and Professions Code authorizing the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land for park or recreation purposes or pay a fee in lieu thereof held to be a constitutiona...

Board of Pub. Works v. Larmar Corp.

A declaratory judgment was modified to the extent that a Worcester County riparian owner may reclaim land by filling in navigable waters in front of his shoreline as long as navigation is not obstructed, but he must comply with the Wetlands Act of 1970. Sections 15A and 15B of the Public Local Law, ...

Daly v. Volpe

Where Washington State Department of Highways (SHD) conducted extensive correspondence, consultation and meetings, held two formal hearings and published two detailed alternate route studies in connection with proposed bypass to Interstate Highway I-90, substantial compliance with the policies under...

Elliot v. Volpe

Section 102 of the National Environmental Policy Act of 1969 (NEPA) does not require federal officers to review or modify existing plans for a federally funded highway where the location and design of the challenged highway had been approved, the location excavated, a construction contract approved,...

Confederacion de la Raza Unida v. Morgan Hill, City of

Challenge by organization seeking to provide low-cost housing to individuals of Mexican descent to city zoning ordinance restricting housing density in certain hilly and mountainous sections of city rejected where undisputed purpose of ordinance is to "facilitate orderly and creative development" of...

Bruce v. Director, Dep't of Chesapeake Bay Affairs

Residential and territorial intrastate restrictions on commercial crabbing and oystering are an unconstitutional exercise of the state's police power, because there is no reasonable basis for the groupings nor a reasonable relation to the public interest. Restricting a waterman to his own residentia...

Bonan v. Sarni Original Dry Cleaners, Inc.

Trial court properly refused to restrain commercial plaza dry cleaner tenant from operating its plant in "an offensive and noisy manner" in landlord-initiated action where evidence showed that noise from plant was transmitted or created by "tactile vibration"—sound conveyed by the structure itself...

Brooks v. Volpe

A federal district court has jurisdiction under Administrative Procedure Act and also under general federal question jurisdiction where complaint alleges that the Secretary of Transportation has failed to comply with the Federal-Aid Highway Act and the National Environmental Policy Act of 1969 (NEPA...

Cape May County Chapter, Inc., Izaak Walton League of Am. v. Macchia

Defendants' motion to dismiss denied. Plaintiff has standing to sue on its own and as a class representative to halt the commercial dredging and filling of tidal marshes off Gravens Island, because plaintiff has special interests in the protection of the environment which are subject to injury and a...

Concerned Citizens for the Preservation of Clarksville v. Volpe

Where all persons displaced by a federal aid highway have accepted relocation prior to decision on appeal, the issue of whether federal and state officials have complied with the provisions of the Federal Aid Highway Act of 1968 and its implementing regulations, designed to insure the relocation of ...