Sterling v California Coastal Commission

Superior Court of California, No. Civ 482448, June 18, 2010: Trial court finds an unconstitutional taking in Commission’s requirement that plaintiff grant a perpetual agricultural easement for “active agricultural use” of 140 acres as a condition for a permit to build a house. The requirement failed the “essential nexus” test of Nollan v. California Coastal Commission, [...]

Hartman v City Of Mission

Court of Appeals of Kansas, no. 101,804, June 11, 2010: The appellant lacked standing under Kansas law to challenge the city’s refusal to hold a referendum for two citizens-proposed ordinances about the establishment of a historic district, and to challenge the city council’s exclusion of one of its members from an executive session held to discuss [...]

Backcountry Against Dumps v Abbott

United States District Court, E.D. California. CIV. S-10-394 FCD/KJN, June 8, 2010: The court granted the power company’s motion for transfer of venue of this transmission line case to the Southern District of California from the Eastern District because “there is little, if any, nexus between the claims alleged and the Eastern District” and “very substantial [...]

Covel v Vienna

Supreme Court of Virginia, No. 091343, June 10, 2010: (1) Town historic district ordinances in Virginia adopted under the state enabling statute prior to 1997 may create historic districts without landmarks, buildings, or structures. (2) Because Virginia Code Ann. § 15.2-1427(C) bars all non-constitutional challenges to the adoption of municipal ordinances existing in 2000, the appellants [...]

Friends of the San Luis v Archdiocese of St. Louis

Court of Appeals of Missouri, Eastern Dist., Div. Three, ED93582, June 8, 2010: The appellant’s petition for an injunction to prevent demolition of a historically significant building was denied at trial for lack of standing. The Appeals Court dismissed the appeal as moot because the building was demolished shortly after the trial court’s judgment, and declined [...]

Virginia Legislative Update

A web page titled, Conservation Easements Legislative Update 2010, By R. Lee Stephens, Jr. and Robert J. Allen, posted May 24, 2010, by the Virginia law firm Spotts Fain summarizes bills signed into law following the most recent Virginia General Assembly session. Obviously, I can’t comment on [...]

Chuckanut Conservancy v Department of Natural Resources

Washington State Court of Appeals Division I, no. 62707-4, May 24, 2010
No environmental impact statement was required for a new management plan for a 4,827 acre forest under Washington state law. The court held that the Washington Department of Natural Resources (DNR) did not err in determining that a new management plan for the 4,827 acre [...]