Taking of private property

The court upholds the decision of a land use board that remanded a county's decision to allow a city-run wastewater treatment plant to operate on land zoned for exclusive farm use (EFU). The…

The court holds that a state land use board erred when it failed to affirm a county's preliminary approval of a residential subdivision in an area containing wetlands and designated as a…

The court holds that a state law preempted a county ordinance that placed a six-month moratorium on the construction of all sludge storage facilities, and, consequently, a wastewater firm could…

The court holds that because a land developer failed to receive an appealable final decision on its wetlands development permit application, the developer's takings claim against the U.S.…

The court holds that a town's decision to rezone a landowner's property from residential to solely recreational use did not constitute a regulatory taking under the Fifth and Fourteenth…

The court upholds a district court decision dismissing as unripe a waste disposal plant's claim that a county's revocation of an unusual use zoning permit constituted a taking without…

The court reverses and remands a jury verdict awarding damages to a logging company that alleged that the state caused a temporary taking by refusing to permit logging on a parcel of the company…

The court affirms a district court dismissal of a property owner's 42 U.S.C. §1983 suit, which alleged a New Hampshire town effectuated an uncompensated taking of the owner's property,…

The court holds that the U.S. Army Corps of Engineers' denial of a property owner's permit application to dredge and fill wetlands on his property in the Florida keys was not a taking.…

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan…