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Land Use (generally)

Yount v. Salazar

A district court held that FLPMA §204(c), which allows Congress to block DOI withdrawals of new mining claims in excess of 5,000 acres through a resolution of both houses, is unconstitutional. In 2012, DOI withdrew more than one million...

Quechan Tribe of the Fort Yuma Indian Reservation v. United States Department of the Interior

A district court upheld BLM's approval of a record of decision (ROD) allowing the construction of 112 wind turbines in an area that contains cultural and biological significance to a Native American tribe. BLM's decision to approve the...

Desert Protective Council v. United States Department of the Interior

A district court upheld BLM's approval of a record of decision (ROD) and its grant of a right of way (ROW) allowing the construction of a utility-scale wind project in California's Sonoran Desert. Conservation groups challenged BLM's...

Pacific Palisades Bowl Mobile Estates, LLC v. Los Angeles

The California Supreme Court held that all subdivisions, including the conversion of a mobile home park from tenant occupancy to resident ownership, are "developments" for purposes of the California Coastal Act. Nor does the Subdivision...

Stockton Citizens for Sensible Planning v. Stockton, City of

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws....

The Public Use Requirement and Doctrinal Renewal

For a generation, our view of the scope of government's eminent domain power has been framed by three cases, Berman v. Parker, Hawaii Housing Authority v. Midkiff, and Poletown Neighborhood Council v. City of Detroit.

In Berman,...

Jeffrey v. Ryan

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not...

Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens

As the movement toward keeping backyard chickens continues to grow, many cities are facing the decision of whether to allow residents to keep chickens and, if so, how to effectively regulate the practice. A survey of municipal...

Robinson Township v. Commonwealth

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory...

Borough of Paulsboro v. Essex Chemical Co.

A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for remediation purposes. The state's highest...