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21.10.2014 - McBroom v. Jackson County - Supreme Court of Mississippi

In 1972, the Board of Supervisors of Jackson County, Mississippi, approved the final plat for Spring Lake Subdivision. At that time, the only vehicular access to the subdivision was Spring Lake Drive East, which crossed Spring Lake Dam. The McBrooms, who owned three subdivision lots on Spring Lake, and the dam forming the lake and providing access to the subdivision, contended that Jackson County was obligated to maintain the deteriorating roadway by virtue of the McBrooms’ dedication of the roadway to public use and Jackson County’s acceptance of their dedication. The Chancery Court held that the McBrooms were entitled to no relief. Finding that the Spring Lake Dam and the roadway over it were dedicated to public use and accepted by Jackson County under common law (as evidenced by more than thirty years of continuous use by the public), the Supreme Court reversed and remanded for entry of judgment for the McBrooms.

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21.10.2014 - Rominger v. County of Colusa - Court of Appeal State of California

Plaintiffs Elaine and Gerald Rominger challenged a mitigated negative declaration approved by defendant Colusa County with respect to a subdivision proposed by real party in interest Adams Group Inc. The trial court denied the Romingers’ petition based on the conclusion that, notwithstanding the county’s approval of a mitigated negative declaration, the county’s "action in approving the subdivision map was not a project for CEQA purposes and [thus] no review beyond the preliminary review stage was required." The Court of Appeal concluded the trial court erred in determining the proposed subdivision was not a CEQA project, even though the proposal did not include any specific plans for development. On independent review of the Romingers’ other complaints, however, the Court found merit in only one: the Romingers adequately showed there was substantial evidence in the record that the subdivision may have had a significant unmitigated impact on traffic at a particular intersection adjacent to the project site. Accordingly, on that basis only, the Court reversed and remanded for the preparation of an environmental impact report (EIR).

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20.10.2014 - Regan v. Pomerleau, DeForest Realty, Inc. and City of Burlington - Supreme Court of Vermont

In consolidated appeals, the Supreme Court reviewed rulings by the environmental and civil divisions concerning a subdivision application for a property located within a residential development in the City of Burlington. Appellants’ principal contention was that the courts erred in concluding that the subdivision had the requisite access to a public road. Finding no reversible error, the Supreme Court affirmed the judgments.

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18.10.2014 - El Dorado Estates v. City of Fillmore - U.S. Court of Appeals for the Ninth Circuit

El Dorado, a mobile home park owner located in the City of Fillmore alleged that the City interfered with an application for a subdivision of its seniors-only mobile home park by causing unreasonable delays and imposing extralegal conditions because of a fear that subdivisions would lead to El Dorado opening the Park to families. El Dorado's complaint was dismissed for lack of standing. The court concluded, however, that El Dorado had Article III standing where El Dorado suffered a concrete and particularized, actual, injury, in the form of added expenses caused by the City's interference of the application. Accordingly, the court reversed and remanded for further proceedings.

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14.10.2014 - Sherman v. Town of Chester - U.S. Court of Appeals for the Second Circuit

Plaintiff filed suit against the Town after a decade of dealing with the Town in plaintiff's efforts to apply for subdivision approval. The court reversed the district court's decision to dismiss plaintiff's federal takings claims, concluding that his claim became ripe because of the way the Town handled his application under Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City where the Town employed a decade of unfair and repetitive procedures, which made seeking a final decision futile. The Town also unfairly manipulated the litigation of the case in a way that might have prevented plaintiff from ever bringing his takings claim. The court vacated the district court's dismissal of plaintiff's non-takings claims based on ripeness grounds and declined to exercise supplemental jurisdiction over his state law claims. The court affirmed the district court's decision to dismiss plaintiff's 42 U.S.C. 1981 claim, to deny plaintiff leave to amend to add a 42 U.S.C. 1982 claim, and to dismiss plaintiff's procedural due process claim based on the consultants' fee law.

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25.06.2014 - Block v. City of Lewiston - Supreme Court of Idaho

In 2005, John Block purchased property in Lewiston from Jack Streibick to develop. Block submitted an application to resubdivide the property into three residential lots, which Lewiston approved. Prior to Block's purchase of the property, Lewiston issued two separate permits to Streibick allowing him to place and grade fill in the area of those lots. In 2006, Block received permits from Lewiston to construct homes on each of the three lots. During construction of the homes, Block hired engineering firms to test compaction of the finished grade for the footings on the lots. Following the construction of the homes, Lewiston issued Block certificates of occupancy for each of the homes after conducting inspections that found the homes to be constructed in accordance with applicable building codes and standards. In April 2007, Block sold the home and property at 159 Marine View Drive. In November of that year, the owner reported a crack in the home's basement. Around that same time, settling was observed at the other two properties. In early December 2007, Block repurchased 159 from the owners. He also consulted with engineers regarding options for immediate repair to the homes. As early as February 2009, further settling problems were reported at the properties. After Lewiston inspected the properties in May following a gas leak at 153, it posted notice that the residential structures on 153 and 159 were unsafe to occupy. Block ultimately filed a Notice of Claim for Damages with Lewiston that also named City Engineer Lowell Cutshaw as a defendant, but did not effectuate process on Lewiston and Cutshaw until ninety days had elapsed from the date he had filed the Notice of Claim. The City defendants filed a motion for summary judgment, arguing that Block's claims should be dismissed because he failed to timely file a Notice of Claim with Lewiston. This first motion for summary judgment was denied because a question of material fact existed concerning whether Block reasonably should have discovered his claim against Lewiston prior to 2009. The City defendants filed a second motion for summary judgment seeking dismissal of all of Block's claims against them, arguing that they were immune from liability for all of these claims under the Idaho Tort Claims Act (ITCA) and that Block could not establish that he was owed a duty. The district court granted this second summary judgment motion dismissing Block's claims based on the application of the economic loss rule. The court also held that immunity under the ITCA and failure to establish a duty provided alternate grounds for dismissal of Block's claims. Block appealed on the issue of immunity. Finding no reversible error as to that issue, the Supreme Court affirmed the district court's decision.

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25.06.2014 - Shinn v. Bd of Co Comm Clearwater Co - Supreme Court of Idaho

The issue this case presented to the Supreme Court stemmed from a district court decision affirming the approval of a subdivision by the Board of County Commissioners of Clearwater County. In approving the subdivision, the Board approved three variances granted by the Clearwater County Planning and Zoning Commission with respect to the road providing access to the subdivision. A portion of the access road crossed over land owned by Edward and Donilee Shinn, who opposed the variances and petitioned the district court for judicial review. Upon review, the Supreme Court found that the Board erred when it failed to make the approval of the variance application expressly contingent upon judicial resolution of the access issue. The Court remanded the case back to the district court to determine whether the Shinns' substantial rights were prejudiced by the Board's decision.

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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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