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Fullerton Ave. Land Dev. Ltd. v. Cianciulli

The court holds that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine to hear individuals' claim that their due process rights were violated when city officials terminated their building permit without first conducting a hearing or independent investigation on the validity of ...

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

Boerman v. American Empire Surplus Lines Ins. Co.

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

520 E. 81st St. Assocs. v. State

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

Crutchfield v. Corps of Eng'rs

The court holds that two individuals lacked standing to challenge the U.S. Army Corps of Engineers' (the Corps') issuance of a permit to a developer for the construction of a sewer line from a housing development to a county pumping station. The individuals previously challenged the Corps' issuance ...

Bailey v. Corps of Eng'rs

The court dismisses a landowner's takings claims against the U.S. Army Corps of Engineers (the Corps) and Minnesota state agencies for rejecting his proposed wetland replacement plan and ordering him to remove an access road on the property and to restore the wetlands on his lots. The landowner buil...

New W. Urban Renewal Co. v. Viacom, Inc.

The court holds that New Jersey's discovery rule does not toll a property owner's environmental contamination claims against the seller and, therefore, the claims are barred by the six-year statute of limitations. The owner purchased the property in 1983, and after conducting an environmental invest...

Webb v. Dallas, Tex., City of

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park. Under the bequest to the city, if the land was not used as a public park or if the park name was changed, the...

Madison v. Graham

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of recreational use without regard to ownership of the land underlying the ...

Cooley v. United States

The court affirms a lower court decision holding a landowners' takings claim against the U.S. Army Corps of Engineers (the Corps) ripe, but reverses the lower court's decision that the taking was permanent. The Corps' denial of the landowners' fill permit application was a final decision rendering t...