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Sewer Systems Appeals

Steptoe & Johnson PLLC

Disagreement Does Not Mean Ambiguity

Steptoe & Johnson PLLC on

West Virginia Supreme Court Upholds Water Backup Exclusion - The Supreme Court of Appeals of West Virginia recently found an exclusion for loss or damage caused by “water that backs up or overflows from a sewer, drain, or...more

Womble Bond Dickinson

Supreme Court Construes Local Law to Allow “Availability” Fees to be Charged Against Developed Property and Undeveloped Property

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Infrastructure fees are a common battleground between landowners/developers and local governments. The Supreme Court decided a case this week that counts as a “win” for the local governments, reversing a Court of Appeals...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

White and Williams LLP on

In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

White & Case LLP

'Common Law Common Sense' delay analysis

White & Case LLP on

In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding...more

Nossaman LLP

California Supreme Court Hears First Inverse Condemnation Case in Years

Nossaman LLP on

On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

Miller Starr Regalia on

[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

Patton Sullivan Brodehl LLP

Commercial Landlord Not Liable to Holdover Tenant for Damages on the Leased Premises

When a commercial lease tenant experiences the joy of a sewer line backup, which causes raw sewage to flow from all of the sinks on the premises and contaminates the tenant’s business equipment, it is not shocking for the...more

Maynard Nexsen

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

Maynard Nexsen on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

Womble Bond Dickinson

Planning for the Future and Knowing the Past

Womble Bond Dickinson on

Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more

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