Civil Remedies › Constitutional Law › Zoning, Planning & Land Use

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Temporary Regulatory Takings Do Exist in California!

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

Legislation Would Limit Condemnation Awards for Beach Replenishment

Legislation Would Limit Condemnation Awards for Beach Replenishment by Patrick J. McNamara on March 19, 2013 Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy....more

First District Holds CEQA Remedies Provision Allows Park District’s Eminent Domain Action To Proceed Pending Preparation of...

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more

Federal Court Holds Local Law Preempted By ESA Settlement

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...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

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

Koontz v. St. Johns River Water Management District

Brief Of Amici Curiae Institute For Justice And The CATO Institute In Support Of Petitioner

Coy Koontz, a Florida land owner, was denied a permit to develop his commercial property because he would not agree to use his money and labor to improve 50 acres of government-owned land miles away from his land. Improving...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

City Prohibited From Seizing And Destroying Homeless Persons’ Personal Property Left Unattended On Sidewalk

The United States Court of Appeals for the Ninth Circuit concluded that the Fourth and Fourteenth Amendments to the United States Constitution protect the unattended but not abandoned property of homeless persons from...more

DISPUTE RESOLUTION: Implications for Pipeline Construction after Denbury

On March 2, 2012, the Texas Supreme Court issued a new opinion[1] that has reinforced and modified its landmark 2011 Denbury decision, which has particularly significant implications for the pipeline industry in Texas. At...more

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

Are Florida Right of Way Corridor Preservation Ordinances Unconstitutional? Land Owner Wins First Round in Federal Fight

In Florida land development, how traffic moves through an area is important - and years in advance of any roadway being constructed, there are land planners who work hard to determine where roads (highways, streets, etc.) are...more

Texas Supreme Court Heard Condemnation Case Today - $48,000 or $21 million?

Today the Texas Supreme Court heard an oral argument to decide whether a pipeline company will pay $48,000 or $21 million to condemn 24 acres for a gas processing facility. Rent was less than $23,000 annually; the...more

Wisconsin group petitions high court for certiorari

Article originally published in the WISCONSIN LAW JOURNAL - Monday, February 6, 2012. A Wisconsin-based citizens group is asking the U.S. Supreme Court to review a case challenging the annexation of a business...more

Proposed Constitutional Amendment on Eminent Domain: Cons and Pros

The proposed eminent domain constitutional amendment is pending at the 2012 Virginia General Assembly.  See 2012′s bills on the amendment, HJ 3 and SJ 3.  If these...more

An Update on the 2011 Florida Community Planning Act: Constitutional Attack Settlement Reached, Amendment Proposed

In 2011, shortly after the landmark legislation was signed into law by Governor Rick Scott, a lawsuit was filed by the Town of Yankeetown, Florida, challenging the Florida Community Planning Act as being unconstitutional for...more

Marzulla Law Legal Report - November 2011

In This Issue: - No Good Deed Goes Unpunished - Efforts to Settle One Case Lead to Another The U.S. Court of Federal Claims recently found the federal government liable for breach of contract under which, in...more

Land-Use Planning and Natural Resource Rights - The Alberta Land Stewardship Act

Alberta’s new Land Stewardship Act is unique regional land-use planning legislation that affects both private and public land in the province. Significantly, the regional plans to be developed will adversely affect, amend and...more

Enforcing Judgments in International Law: Campbell v Zimbabwe

International laws and their enforcement are issues of increasing importance in today's world of globalization. Many civilized nations sign treaties to codify and interpret the international laws that govern their relations....more

New Mexico Supreme Court Hears Oral Argument on Domestic Wells

On Thursday, October 13, 2011, the New Mexico Supreme Court heard oral arguments in two cases challenging the state statutes on domestic wells. The cases essentially challenge the Constitutionality of several state statutes...more

President Aquino as Cotabato Water Hyacinth Remover

It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more