Law Commons^™

Justice Scalia's Footprints On The Public Lands, Bret C. Birdsong

Scholarly Works

This article explores Justice Scalia's views of judicial review of administrative action, as revealed in his writings on public land law, as both a scholar and a Supreme Court justice. It examines and explains why Professor Scalia favored judicial review of public land administration while Justice Scalia seems to abhor it. In a sweeping law review article published in 1970, Professor Scalia argued that the doctrine of sovereign immunity historically did not apply in public lands cases. On the Court he has penned two of the most significant decisions addressing judicial review of public lands administration, each of them imposing …

Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing

Nevada Law Journal

No abstract provided.

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.

Summary Of State, Department Of Transportation V. Cowan, 120 Nev. Adv. Op. No. 90, Beth Rosenblum

Nevada Supreme Court Summaries

Appeal and cross-appeal from a judgment of the Eighth Judicial District Court, State of Nevada, awarding damages to the lessee of property condemned by the Nevada Department of Transportation (NDOT).

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.

Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson

Nevada Supreme Court Summaries

Appeal from an Eighth Judicial District Court, Las Vegas Nevada order certified as final under NRCP 54(b) granting Respondent Mila’s motion for partial summary judgment to dismiss Appellant Huntington’s third party complaint.

Is There Hope For Hope Vi?: Community Economic Development And Localism, Ngai Pindell

Scholarly Works

HOPE VI is a competitively funded, public housing redevelopment program with several competing goals. First, it seeks to revitalize deteriorated inner city communities. Second, the program attempts to transform dense, high-rise public housing that has housed the lowest income tenants into developments that are more integrated with surrounding communities in terms of architecture, economics, and aesthetics. Third, the program aspires to provide public housing residents opportunities for social and economic mobility through improvements in physical design and program offerings. The HOPE VI design encompasses demolishing existing "distressed" public housing developments, rebuilding these developments with fewer public housing units, and housing …

Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson

Nevada Supreme Court Summaries

Appellants Edward R. Houston and Regina Houston paid David Boone $740,000 for investment services, which Boone converted to his own use. In May 1998, Boone and his wife Donna divorced and Boone quitclaimed real property to Donna. Norwest Mortgage, Respondent Bank of America’s predecessor, held a deed of trust on the real property for $342,000. That same month, the Houstons filed a complaint against Boone to recover their $740,000. The Houstons filed a notice of lis pendens in the Clark County Recorder’s Office on June 1, 1998 and filed an ex parte motion with the district court directing the issuance …

Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati

Nevada Supreme Court Summaries

In November 1985, the City of Las Vegas Downtown Redevelopment Agency (Agency) was created to evaluate and determine whether redevelopment was necessary to combat physical, social, or economic blight in various sections of the city. The Agency identified conditions in downtown Las Vegas constituting “blight” within the definition of NRS §279.388, and considered and approved a redevelopment plan (Plan) with the purpose of eliminating blight and to encourage businesses and individuals to return to a safe downtown area with adequate parking and facilities. Although the Pappases’ property was included within the Plan, no one, including the Pappases, challenged the Plan …

Summary Of Preferred Equities Corp. V. State Eng’R, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Fifth Judicial District Court, State of Nevada, denying petition for judicial review of State Engineer Ruling No. 4499. State Engineer Ruling No. 4499 rejected Petitioner’s application to change the diversion point and usage of certain water rights that they owned. Denial of application was based on mootness; applicant no longer owned water rights in question.

The Long And Winding Road Of Economic Loss Doctrine In Calloway V. City Of Reno, Gary Ashman

Nevada Law Journal

No abstract provided.

Land Use Planning Over The Last Forty Years: Fighting Sprawl Through Smart Growth Planning, Richard J. Ansson Jr.

Nevada Law Journal

No abstract provided.

Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel

Scholarly Works

Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos

Scholarly Works

This Article discusses Florida’s 1995 Property Rights Act, which grants to private property owners an alternative cause of action, outside of takings law, when they are permanently denied reasonable use of their land by regulatory actions. The Act also grants alternative procedures for property owners, outside of the judicial and administrative process. Thus, the Act does not change Florida takings law nor does it alter the substance of Florida's sometimes controversial growth management laws.

This article reviews the political climate that made passage of the Act possible and places the property rights initiative in the historical context of populist politics. …

Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer

Scholarly Works

In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.