Miccosukee Tribe of Indians of Florida v. South Florida Water Management District
The Supreme Court of Florida affirmed in part and reversed in part a lower court decision validating $650 million in "certificates of participation" to finance a water district's purchase of 73,000 acres of land owned by a sugar company for Everglades restoration purposes. Certificates of pa...
Eastman v. Coffeyville Resources Refining & Marketing, LLC
A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss the landowners' nuisance claim. The landowners failed to file their OPA claim within the three-year statute o...
Severance v. Patterson
The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach. Land patents from the Republic of Texas in 1840, affirmed by legislation in the new s...
1031 Lapeer LLC v. Price
A Michigan appellate court voided a 10-year-old commercial lease between the landlord and tenant of a gas station because the landlord failed to disclose that the property is, under Michigan law, a "facility" from which hazardous substances were released or disposed. The court reasoned that because ...
Downing/Salt Pond Partners, L.P. v. Rhode Island
The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode Island. In Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (19...