Economic viability test

The court affirms a district court decision that a county's denial of a company's permit application to operate a landfill on its property was not a taking under state law and did not violate the…

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the…

The court denies the government's motion for summary judgment in a case brought by an individual alleging that the government effectively took the individual's property without just compensation…

The court denies the federal government's motion for summary judgment in a case where a farmer alleged that the government took his property without just compensation by ordering the farmer to…

The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the…

The court holds that a planning agency for the Lake Tahoe area must compensate property owners for taking their property through development restrictions. The development plan for the Lake Tahoe…

The court holds that a city's denial of a developer's permit application to develop 37.6 acres of oceanfront property did not substantially advance a legitimate public purpose and denied the…

The court holds that the Pennsylvania Department of Environmental Resources' denial of a permit for landowners to fill wetlands on their property to construct an auto body shop did not constitute…

The court amends its decision at 22 ELR 21455, which vacated and remanded a magistrate judge's decision that a Florida county's land use plan resulted in a taking of…

The court holds that a U.S. Army Corps of Engineers' (Corps') cease and desist order requiring a land developer to suspend construction on wetlands' portions of a residential development for three…