News & Analysis as of

Land Owners Appeals State and Local Government

Ballard Spahr LLP

PA Supreme Court Clarifies Land Valuation Rules in Pignetti v. PennDOT

Ballard Spahr LLP on

In a significant victory for property owners in Pignetti v. Pennsylvania Department of Transportation (PennDOT), the Supreme Court of Pennsylvania has relaxed the standard for establishing that two noncontiguous parcels of...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Perkins Coie

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established...

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A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more

Perkins Coie

Plaintiff Not Required to Submit Multiple Development Applications Before Bringing Takings Claim

Perkins Coie on

Multiple applications for a development project are not required where the first permit denial makes clear that no development of the property would be allowed under any circumstance. Felkay v. City of Santa Barbara, No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Industrial Waste Landfill/Nonconforming Use: Minnesota Appellate Court Addresses Whether "Maintenance" Constitutes "Use"

The Court of Appeals of Minnesota (“Court”) in a December 7th Opinion addressed a zoning issue associated with an industrial waste landfill. See AIM Development (USA), LLC v. City of Sartell, 2020 WL 7134863...more

Best Best & Krieger LLP

Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more

Shutts & Bowen LLP

Buy Low! Businesses Need Not Bid On County-Owned Lands in Florida

Shutts & Bowen LLP on

When businesses open in a new area, they frequently try to get as many incentives as possible from the local government. Conversely, many local governments try to offer as many incentives as possible in order to attract or...more

Bricker Graydon LLP

Ohio law requires oil and gas land professionals to hold broker’s license to be compensated

Bricker Graydon LLP on

On September 25, 2018, the Ohio Supreme Court issued its decision in Thomas Dundics v. Eric Petroleum, Slip Opinion No. 2018-Ohio-3826, holding that the plain language of Ohio Revised Code 4735.01 does not exclude oil and gas...more

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