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Land Use (generally)

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

The U.S. Supreme Court held that a property owner may proceed with his APA suit against the United States claiming that the Secretary of the Interior lacked authority under §465 of the Indian Reorganization Act to take title to land...

United States v. 32.42 Acres of Land

The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that the U.S. Navy has continuously leased from...

State v. City of Spokane Valley

A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany the new homes. Because the docks would...

Sierra Club v. Napa County Board of Supervisors

A California appellate court upheld a county board's adoption of a zoning ordinance pertaining to lot line adjustments. The ordinance continued the county's existing administrative practice of allowing lot line adjustments impacting...

Robinson Township v. Commonwealth

A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the manner in which they are operated. The...

Land Use Law and the Impulse From a Vernal Wood: The Mohonk Trust Case.

Over the course of David Sive's 55 years of practice, he describes the Mohonk Trust case as the most satisfying. In that case, heI was able to combine strategic skills gained from many years of litigating with a cause to which he had...

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to...

Scarborough Citizens Protecting Resources v. U.S. Fish & Wildlife Service

The First Circuit upheld the dismissal of a citizen group's lawsuit against the FWS in a suit concerning Maine's conveyance of easements on a recreational trail purchased with federal funds. The Wildlife Restoration Act, enacted in...

When the Law Is Silent, Trespassers W . . . : Law and Power in Implied Property Rights

In the magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his...

Cooperstown Holstein Corp. v. Town of Middlefield

A New York court upheld a town's enactment of a zoning law that bans oil and gas drilling, including hydraulic fracturing, within the geographical borders of the township. The holder of two gas leases argued that §23-0303 of New York...