Administrative Law › Constitutional Law › Zoning, Planning & Land Use

City of Tombstone v. United States

BRIEF OF THE CATO INSTITUTE, THE RIO GRANDE FOUNDATION, THE MONTANA POLICY INSTITUTE, THE IDAHO FREEDOM FOUNDATION, AND THE...

This brief addresses whether the City of Tombstone is likely to succeed on its claim that its ability to access and repair the sources of its municipal water located on federal land is not trumped by the federal government’s...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

What is the "relevant parcel" in a regulatory takings case?

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action...more

Supreme Court Hears Argument on Takings Case: Koontz v. St. John's River Water Management District

As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more

Hydraulic Fracking – Recent Developments in CA, NY, NJ and PA

For our readers who are keeping tabs on developments in the hydraulic fracturing (“fracking”) industry, we thought you would be interested in Sedgwick’s latest Hydraulic Fracturing News Flash regarding a recent proposal in...more

U.S. Supreme Court Oral Arguments Set In Koontz v St John's River Water Management District for January 15, 2013

One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've...more

I Saw the Sign, and It . . . Was Taken Down?

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

Court Finds Ordinance That Prohibits Insolent Behavior At City Council Meetings Is Unconstitutional

A city ordinance that makes it a misdemeanor for a speaker to engage in “disorderly, insolent, or disruptive behavior” at a city council meeting is facially invalid because of the inclusion of the word “insolent.” However,...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

Judge Declares Russian River Frost Protection Regulation Constitutionally Void

On September 26th, 2012, a Mendocino County Superior Court judge declared the Russian River frost protection regulation adopted by the State Water Resources Control Board ("State Water Board") in 2009 to be constitutionally...more

Commonwealth Court of Pennsylvania Strikes Down Zoning and Setback Waiver Provisions Of “Act 13” Oil and Gas Legislation

A Pennsylvania Commonwealth Court ruling has struck down a cornerstone of Act 13, which set forth that municipalities must adopt uniform zoning provisions for the development of natural gas as a prerequisite to the receipt of...more

The Shale Play Today - July 2012

In This Issue: - Pa. Commonwealth Court Strikes Down Act 13 Zoning Provision - D.C. Circuit Court Issues Important Ruling on Greenhouse Gas Regulatory Program by M. Ann Bradley & M. Katherine Crockett - The State...more

Major Provisions of Pennsylvania’s Oil and Gas Act Deemed Unconstitutional

Commonwealth Court rules on amendments limiting municipal zoning authority. On July 26, the Commonwealth Court of Pennsylvania held that 2012 amendments to Pennsylvania's Oil and Gas Act (Act 13) that preempt local...more

Preemptive Zoning Provisions of Act 13 Held Unconstitutional

Yesterday, the Commonwealth Court of Pennsylvania issued an order declaring null and void sections of the new 2012 Oil and Gas Act ("Act 13"), which preempted local zoning ordinances that regulate oil and gas operations and...more

Pa. Commonwealth Court Strikes Down Act 13 Zoning Provision

On July 26, 2012, the Pennsylvania Commonwealth Court issued its decision in Robinson Township, et al. v. Commonwealth of Pennsylvania, involving the challenge brought by seven townships and boroughs to the Act 13 provision...more

Annual City Apartment Inspections And Inspection Fees Are Upheld

Residential landlords can be required to submit their rental properties for annual city inspections, and can be required to pay a city inspection fee, under a recent court of appeal ruling. (Griffith v. City of Santa Cruz...more

Supreme Court to Hear Two Significant Clean Water Cases

The Supreme Court has agreed to review two Ninth Circuit Court of Appeals Clean Water Act (“CWA”) cases. Both cases involve the extent to which certain releases are properly categorized as point source discharges and must...more

Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title

The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy. The Port held the lands under a trust grant from the State of California, and therefore defending the state’s sovereign...more

Arkansas Game & Fish Commission v. United States

Brief Amicus Curiae Of Pacific Legal Foundation, CATO Institute, And Atlantic Legal Foundation In Support of Petitioner

The Arkansas Game and Fish Commission owns and operates 23,000 acres of land as a wildlife refuge and recreational preserve; the preserve's trees are essential to its use for these purposes. Clearwater Dam, a federal flood...more

Will NJDEP's Waiver Rule Survive Legislative Efforts to Derail It?...Stay Tuned

There are almost 50 days left until the NJ Department of Environmental Protection’s Waiver Rule takes effect on August 1, 2012. That is unless the NJ Senate decides to follow in the path blazed by the Assembly last month to...more

2012 Florida Legislation Amending Florida Growth Management Laws Including 2011 Florida Community Planning Act

Last December, we wrote on the constitutional challenge made by the Town of Yankeetown, Florida, to portions of the Florida Community Planning Act with the resulting settlement which included proposed legislation that would...more

Gaming Legal News: April 6, 2012 • Volume 5, Number 7: Unnamed Developers Seek Constitutional Amendment For Eight New Casinos In...

A group of unnamed developers operating under the title “Citizens for More Michigan Jobs” obtained approval from the Michigan Board of State Canvassers on April 3, 2012, as to the form of a petition to amend Michigan’s...more

Legal Update: California Supreme Court Ruling Winds Up Redevelopment Agencies: Legislative Reform May be Next

In an opinion filed December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26, which dissolves redevelopment agencies as of October 1, 2011. The opinion also invalidated Assembly Bill 1X 27, which provides...more

Update on Redevelopment Law: The Supreme Court Makes it Official - Redevelopment is Dead in California

The California Supreme Court released its opinion today in California Redevelopment Association v. Matosantos, challenging the Legislature's adoption of AB 1X 26, providing for elimination of California redevelopment agencies...more