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Economic viability test

Blue Ribbon Properties, Inc. v. Hardin County Fiscal Court

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the U.S. Commerce Clause or the Sherman...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution....

Brace v. United States

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation when it ordered the individual to cease...

Brace v. United States

The court denies the federal government's motion for summary judgment in a case where a farmer alleged that the government took his property without just compensation by ordering the farmer to cease operation of a drainage system and...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court holds that a planning agency for the Lake Tahoe area must compensate property owners for taking their property through development restrictions. The development plan for the Lake Tahoe area significantly restricts development...

Del Monte Dunes at Monterey, Ltd. v. Monterey, City of

The court holds that a city's denial of a developer's permit application to develop 37.6 acres of oceanfront property did not substantially advance a legitimate public purpose and denied the developer all economically viable use of its...

Mock v. Department of Envtl. Resources

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute a taking under either the U.S. or the...

Reahard v. Lee County

The court amends its decision at 22 ELR 21455, which vacated and remanded a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and...

Tabb Lakes, Inc. v. United States

The court holds that a U.S. Army Corps of Engineers' (Corps') cease and desist order requiring a land developer to suspend construction on wetlands' portions of a residential development for three years did not constitute a taking of...