Wyoming Settlement Averts Termination of Conservation Easement

The Wills, Trusts & Estates Prof Blog in a February 25, 2010, post headed, “Wyoming Attorney General Prevents the Wrongful Termination of a Perpetual Conservation Easement,” reported, “After over six years of litigation, a case involving a Wyoming county’s attempted termination of a perpetual conservation easement has settled, with the conservation easement remaining in full force [...]

Apasra Properties, LLC and O'Reilly Properties, LLC v. City Of New Orleans And Vieux Carre Commission

Appellants sought to enjoin the administrative proceedings brought against them by the City of New Orleans and the Vieux Carre Commission (“VCC”) for alleged violations of City historic district ordinances protecting the Vieux Carre District, contending that the City’s ordinances creating the body that adjudicates the alleged violations are unconstitutional and the enforcement of city code [...]

Champlin’s Realty Associates v. Michael Tikoian et al.

The Conservation Law Foundation reports, “RI Supreme Court Decision Overturns Ruling that Would Have Allowed Champlin’s Marina Expansion”. CLF says, “the Superior Court issued a 91-page decision in which it ruled that there had, indeed, been improper procedures in the CRMC [Coastal Resources Management Council]. At that point, the Superior Court should have sent the case [...]

Vieux Carre Property Owners v. Hotel Royal

Vieux Carre Property Owners, Residents and Associates, Inc. and French Quarter Citizens For The Preservation Of Residential Quality, Inc. v. Hotel Royal, L.L.C.

NO. 2009-CA-0641
Court Of Appeal of Louisiana, Fourth Circuit
February 3, 2010

The Court of Appeals affirmed a trial court’s decision that the appellant private citizens’ organizations lacked standing to bring an action to enjoin the hotel-appellee’s [...]

USDA Natural Resources Conservation Service Final Rule affects easements

Department Of Agriculture, Natural Resources Conservation Service, Healthy Forests Reserve Program
7 CFR Part 625, RIN 0578-AA52 Final rule
February 10, 2010

“This final rule amends Natural Resources Conservation Service (NRCS) regulations for the Healthy Forests Reserve Program (HFRP)…. The final rule for the HFRP amends the current regulation to include congressionally required statutory changes to the program [...]

Colorado clamping down on tax credits for land conservation

by Janet Urquhart, The Aspen Times Saturday, February 13, 2010

“ASPEN — Colorado is poised to clamp down on how much tax revenue it is willing to forego to facilitate the conservation of land, and the move is getting close scrutiny from both the Aspen Valley Land Trust and the Pitkin County Open Space and Trails [...]

Goodspeed Airport v. East Haddam Inland Wetlands And Watercourses Commission

No. 3:06CV930(MRK).
United States District Court, D. Connecticut.
January 12, 2010.

This District Court in the Second Circuit held that “in the particular circumstances of this case” two Connecticut environmental laws — the Inland Wetlands and Watercourses Act (the “Wetlands Act”), Conn. Gen. Stat. §§ 22a-36 through 22a-45, and the Connecticut Environmental Protection Act (the “CEPA”), Conn. Gen. Stat. [...]

Gray v. The Key Ranch At The Polo Club Home Owners Association

J. Kelly Gray; Rooster Springs, LP; and Rooster Springs Stable, LP, Appellants, v. The Key Ranch At The Polo Club Home Owners Association, Inc., Appellee.
No. 03-09-00145-CV.
Court of Appeals of Texas, Third District, Austin.
Filed: January 12, 2010.

The Key Ranch subdivision is a gated residential community. The appeals court upheld the trial court decision finding for the appellee [...]

Weiss v. Kempthorne

Julie Weiss, et al., Plaintiffs, v. Dirk Kempthorne, Secretary, U.S. Department of the Interior, et al., Defendants.
No. 1:08-CV-1031.
United States District Court, W.D. Michigan, Southern Division.
January 15, 2010.

The Plaintiffs objected to the development of a “Jack Nicklaus Signature golf course”, part of which extends into a 74-acre public park that sits adjacent to Lake Michigan. In 1977, [...]

St. Andrew’s Episcopal Church & Save Old Stamford

In the article “Court upholds church plan to demolish historic Stamford rectory”, Elizabeth Kim, writes, “A state Superior Court judge ruled Wednesday that St. Andrew’s Episcopal Church may proceed with demolition of its 136-year-old rectory downtown. … Under a rarely used state environmental law, any citizen can sue to prevent the ‘unreasonable’ destruction of historic buildings…” [...]

Brannan et al. v. State Of Texas et al.

No. 01-08-00179-CV, Court Of Appeals Of Texas, First District, Houston, opinion issued February 4, 2010

In this case applying Texas’ Open Beaches Act (Tex. Nat. Res. Code Ann. §§ 61.001-.254) (“the Act”) the owners of several beachfront houses argued they should not be denied permits to repair their houses or forced to remove their houses after storms moved the beach vegetation line to the landward side of their structures. The issues included whether by common law a public easement existed on the beach, was it a rolling easement, did the Act required removal of the houses, and were the owners entitled to compensation for a taking. The Houston Court of Appeals concluded: Continue reading Brannan et al. v. State Of Texas et al.

Cheyenne Newspapers Inc. v. Building Code Board of Appeals

The Law of the Land blog has a summary of this case (2010 WL 47357 (WY. 1/8/2010)), which involved the City of Cheyenne’s Historic Preservation Board denial of permits to demolish six houses in an historic district. The decision rules on how the facts of the case apply to the the Wyoming Public Meetings Act.

The [...]