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24.01.2018 - Brandt v. City of Fargo - Supreme Court of North Dakota

Michele Brandt, as Trustee of the Michele L. Brandt Revocable Trust, appealed an order dismissing her appeal of the City of Fargo's resolution of necessity. Karen Wieland appealed a judgment dismissing her appeal to the district court from the City's resolution of necessity. In December 2016, the Fargo City Commission passed a resolution of necessity for property owned by Brandt related to construction of a flood protection project. Days later in a separate proceeding, the City passed a similar resolution of necessity for property owned by Wieland. Each resolution authorized the City to proceed with all legal means to obtain the property, including eminent domain. In each case the City filed a record on appeal in the district court and moved the court to dismiss the appeal. In Brandt's appeal, the City moved alternatively to consolidate Brandt's appeal with an eminent domain proceeding that the City also commenced in December 2016. In both appeals, Brandt and Wieland moved the district court to strike all materials from the record that had not specifically been placed in front of the city commission during the respective December 2016 meetings. After a February 22, 2017 hearing in Brandt's appeal, the district court entered an order granting the City's motion to dismiss and holding a resolution of necessity as a predicate to eminent domain is not subject to appellate review by the court. The court also held the City had not acted in bad faith, with a gross abuse of discretion, or fraudulently in passing the resolution of necessity. The order denied Brandt's motion to strike, concluding further consideration of the motion was moot. After a March 21, 2017 hearing in Wieland's appeal before a different judge, the district court entered an order and judgment dismissing Wieland's appeal. The court explained that the decision to go forward with an eminent domain proceeding is the City's political or legislative decision which the court could not review by appeal from issuance of the resolution. The City commenced an eminent domain proceeding for the Wieland property in April 2017. Because of similar dispositions, the North Dakota Supreme Court addressed both appeals in this decision and affirmed, concluding the court in each case did not err in dismissing the appeals because no statutory basis authorized an appeal to the district court from the City's resolutions of necessity.

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21.03.2016 - Lake Hendricks Improvement Ass’n v. Planning & Zoning Comm’n - Supreme Court of South Dakota

Developers obtained a conditional use permit to build a dairy on Owner’s property in Brookings County. The City of Hendricks and others (collectively, City) filed a petition for writ of certiorari in circuit court challenging the permit. The circuit court affirmed the grant of the permit. City appealed. Developers filed a notice of review to challenge City’s standing but did not serve their notice of review on Owner. City moved to dismiss Developers’ notice of review/cross-appeal, arguing that Owner was a party required to be served with the notice of review. The affirmed, holding (1) Owner was a party required to be served with Developers’ notice of review, and Developers’ failure to serve Owner required dismissal of their notice of review/cross-appeal; and (2) neither S.D. Codified Laws 15-6-5(a) nor Developers’ alleged alignment of interests with Owner excused Developers’ failure to serve Owner.

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21.03.2016 - DW Aina Le'a Dev., LLC v. Bridge Aina Le'a, LLC - Supreme Court of Hawaii

In 1989, land in Waikoloa on Hawai’i Island was reclassified from agricultural to urban to allow for the development of a residential community. The reclassification was made subject certain conditions. The land changed hands several time over the years. In 2009, the landowner, Bridge Aina Le’a, LLC (Bridge), informed the Land Use Commission (LUC) that it intended to assign its interest in the land to DW Aina Le’a Development, LLC (DW). DW subsequently invested approximately $20 million in developing the site. Nevertheless, the LUC voted to revert the land to its former agricultural land use classification on the basis that Bridge and its predecessors in interest had failed to perform according to the conditions imposed. Bridge and DW each sought judicial review of the LUC’s decision and order. The circuit court reversed. The Supreme Court affirmed in part and vacated the judgment in part, holding that the circuit court (1) correctly concluded that the LUC erred in reverting the property without complying with the requirements of Haw. Rev. Stat. 205-4; and (2) erred in concluding that Bridge’s and DW’s procedural and substantive due process rights and equal protection rights were violated.

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21.03.2016 - Kingman Park Civic Ass'n v. Bowser, No. 14-7168 (D.C. Cir. 2016) - U.S. Court of Appeals for the District of Columbia Circuit

The Association has successfully applied to the District’s Historic Preservation Review Board to have the former Spingarn Senior High School designated a historic landmark. Next to Spingarn is Langston Terrace, a 13-acre public housing complex built in the 1930s as segregated housing for African Americans. The Association now challenges the District's development of a streetcar program and Car Barn that would be centered in this neighborhood. The district court rejected the Association's claims in dismissals for failure to state a claim and summary judgment. The City Council passed the “Wire Acts” to allow the construction of aerial wires to supply streetcars with power: Transportation Infrastructure Emergency Amendment Act of 2010, D.C. Act 18-486; Transportation Infrastructure Congressional Review Emergency Act of 2010, D.C. Act 18-583; Transportation Infrastructure Amendment Act of 2010, D.C. Act 18-684 (codified at D.C. Code 9-1171(a)). Determining that the Association has standing, the court concluded that taking into account the Home Rule Act's, District. D.C. Code 1-201.02(a), 1-206.02(a), stated purpose, the Wire Acts do not violate an 1888 statute barring the District from authorizing telegraph, telephone, electric lighting or other wires, D.C. Code 34-1901.01. The court upheld that district court's dismissal of the Association's environmental impact statement (EIS) claim. The court rejected the Association's Equal Protection claim, concluding that the project and the associated site selection appear to have been facially neutral and to serve legitimate government purposes. Accordingly, the court affirmed the judgment.

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21.03.2016 - Citizens for Appropriate Rural Roads v. Foxx, No. 15-1554 (7th Cir. 2016) - U.S. Court of Appeals for the Seventh Circuit

Study of the I-69 extension between Evansville and Indianapolis began in 1944. The 1991 Intermodal Surface Transportation Act designated a new route from Indianapolis to Memphis,, via Evansville as a “high priority corridor” for development. As the project progressed, the Federal Highway Administration (FHWA) divided the project into two “tiers” for environmental analysis. After the plans were finalized, construction work on the six sections of Tier 2 began; 90 percent of the work on the extension is complete. The FHWA and Indiana Department of Transportation issued a Draft Environmental Impact Statement for Tier 2, Section 4, in 2010. A Final Environmental Impact Statement and a Record of Decision issued in 2011. The agencies selected the final route and construction plan for Section 4 after reviewing 48 options and produced a record reflecting consideration of impact on historic sites, geological formations, and air-quality, among other factors. Pursuant to its obligations under the Endangered Species Act, the U.S. Fish and Wildlife Service engaged in consultation and issued a Biological Opinion regarding the possible impact of tree-clearing on the endangered Indiana bat. Opponents filed suit. After a lengthy period of inactivity by Plaintiffs, including several missed case management deadlines, the district court granted summary judgment upholding the approvals. The Seventh Circuit affirmed.

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21.03.2016 - Wimer v. Cook - Supreme Court of Wyoming

Several individuals (collectively, “the Wimers”) filed a complaint against their neighbors (collectively, “the Cooks”) seeking an injunction prohibiting the Cooks from carrying out their plan of placing multiple single-family housing structures on a twenty-acre parcel of land, alleging that the Cooks’ plan for the property violated the neighborhood’s covenants. The Cooks counterclaimed and filed a third-party complaint against all of the landowners in the area seeking a declaration that the covenants had been abandoned due to various covenant violations. The district court determined that the covenants had not been abandoned and that the Cooks’ plan to develop the land did not violate the covenants. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) properly concluded that the covenants were not abandoned; and (2) erred in concluding that the Cooks’ plan did not violate the covenants, as the covenants prohibit multiple single-family dwellings on a parcel.

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21.03.2016 - City of Helena v. Svee - Supreme Court of Montana

Section 11-41-2 of the Helena City Code (the Ordinance) places limitations on roofing materials used on structures located within the wildland-urban interface (WUI) district. The City filed suit against homeowners whose property was situated within the WUI zoning district (Homeowners), alleging violation of the Ordinance. Homeowners answered the complaint and petitioned for a declaratory judgment that the Ordinance was invalid on statutory and constitutional grounds. The district court granted summary judgment for Homeowners, concluding that the Ordinance was a building regulation, and the City was not authorized to adopt building regulations under the guise of a zoning ordinance. The Supreme Court affirmed in part and reversed and remanded in part, holding that the district court (1) did not err by determining that the Ordinance was an impermissible building code and not a zoning ordinance; (2) erred by concluding that Homeowners were ineligible for an award of attorney fees; and (3) did not err by denying and dismissing Homeowners' constitutional arguments.

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21.03.2016 - Beckford v. Town of Clifton - Supreme Court of Maine

Pisgah Mountain, LLC applied to the Town of Clifton Planning Board for approval to construct and operate a wind energy project. Peter and Julie Beckford, who own land adjacent to the proposed development site, timely appealed the Board’s decision to the Town’s Zoning Board of Appeals (ZBA). The ZBA denied the appeal. Thereafter, the Beckfords filed a complaint in superior court pursuant to Me. R. Civ. P. 80B. Pisgah and the Town moved to dismiss the Beckfords’ complaint on the ground that it was filed outside of the forty-five-day appeal period. The superior court denied the motion to dismiss, concluding that the forty-five-day appeal period started when the ZBA issued its written findings and decision and not on the day the ZBA voted to deny the appeal. The court then vacated the Board’s decision to approve the permit. The Supreme Court vacated the judgment of the superior court, holding that the statutory appeal period commenced with the ZBA’s public vote, and therefore, the Beckfords’ Rule 80B appeal was untimely filed.

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21.03.2016 - Bd. of Pub. Works v. K. Hovnanian's Four Seasons at Kent Island, LLC - Court of Appeals of Maryland

These proceedings involved a development project spearheaded by K. Hovnanian’s Four Seasons at Kent Island, LLC (Appellee). Appellee obtained all of the necessary permits and approvals from state and local agencies, except one. At issue in these proceedings was Appellee’s application for a State wetlands license. Appellee filed a complaint for declaratory and injunctive relief and for a writ of mandamus against the Board of Public Works seeking an order compelling the Board to vote promptly on Appellee’s long-outstanding application for the wetlands permit following delays resulting from a perceived appearance of impropriety. The circuit court granted the requested relief and ordered the Board to vote promptly on the application. The Court of Appeals vacated the judgment, holding that the circuit court’s order was improper for want of a prior final administrative decision and because mandamus was unavailable under the circumstances.

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21.03.2016 - Frees v. Tidd - Supreme Court of Colorado

This water case involving neighboring property owners in Saguache County presented an issue of first impression for the Supreme Court: may the land owner whose property is burdened by an easement across his or her property for a water ditch obtain a junior conditional water right at the headgate of that ditch for non-consumptive hydropower use of water that the neighbor is diverting from the stream under a senior water right for irrigation use through that headgate? Applying the no material injury, water availability, and maximum beneficial use principles of Colorado water law, in conjunction the decision in "Roaring Fork Club, L.P. v. St. Jude’s Co.," (36P.3d 1229 (2001)), the District Court for Water Division No. 3 issued a declaratory judgment and a conditional water right decree in the amount of 0.41 cubic feet per second ("cfs") with a 2010 priority for hydropower use to Charles and Barbara Tidd for diversion from Garner Creek at the headgate of Garner Creek Ditch No. 1. The Plaintiffs–Appellants, David L. Frees, George A. Frees, Delmer E. Frees, and Shirley A. Frees, asserted that the water court lacked authority to decree this water right over their objection. After review, the Supreme Court deferred to the water court's findings of fact and upheld its conclusions of law. Under the circumstances of this case, the Court held that the water court did not err in issuing a conditional decree for a non-consumptive hydropower use water right with a 2010 priority for 0.41 cfs diverted from Garner Creek through the headgate of Garner Creek Ditch No. 1.

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To portal www.spatialplandev.gr δημιουργήθηκε στα μέσα του 2014 από την εταιρεία Spatial Planning & Development Ε.Π.Ε.

Επιστημονικός Υπεύθυνος της προσπάθειας αυτής έχει οριστεί ο κ. Κωνσταντίνος Τσάντζαλος, Δικηγόρος Αθηνών, πτυχιούχος της Νομικής Σχολής του Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών, κάτοχος μεταπτυχιακού τίτλου σπουδών (MSc) στο γνωστικό αντικείμενο Χωροταξίας – Πολεοδομίας – Περιφερειακής Ανάπτυξης του Τμήματος Μηχανικών Χωροταξίας, Πολεοδομίας & Περιφερειακής Ανάπτυξης της Πολυτεχνικής Σχολής του Πανεπιστημίου Θεσσαλίας και υπ. Διδάκτωρ του Τμήματος Πολιτικής Επιστήμης και Δημόσιας Διοίκησης της Σχολής Οικονομικών και Πολιτικών Σπουδών του Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών.

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