Land Use Law Commons^™

Zoning And Land Use Law, Newton M. Galloway, Steven L. Jones, Joshua Williams

Mercer Law Review

This year’s Georgia Survey on zoning law analyzes new developments in case law and legislation over the Survey period. It analyzes the impact and aftermath of the Supreme Court of Georgia’s opinion in State v. SASS Group, LLC. SASS Group was the first case arising under the 2020 amendment to the Georgia Constitution of 1983, which permitted a limited waiver of the state’s sovereign immunity for declaratory judgment claims alleging that an action of a government official was unconstitutional. Though SASS Group did not factually involve a zoning decision, its holding impacted how and against whom an appeal of a …

Brief Of Agudath Israel Of America, The Jewish Coalition For Religious Liberty, The National Council Of Young Israel, And The Jewish Community Council Of Sullivan County As Amici Curiae In Support Of Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 25-2191
Lost Lake Holdings, LLC v. Town of Forestburgh

On Appeal from the United States District Court for the Southern District of New York, No. 22-cv-10656-VB (Hon. Vincent L. Briccetti)

From the Summary of the Argument

As the district court seemed to recognize early on, JA-1506, the Town of Forestburgh is not going to allow Appellants to build a residential community for Hasidic Jews. Once the developers purchased a shovel-ready property for that purpose, the Town—in the words of one prominent resident and former member of the Comprehensive Plan Review Committee—“circle[d] the wagons.” JA-1570. That former committee member (along …

Efficacy Of Oil And Gas Production Site Remediation In U.S. Arid/Semi-Arid Regions, Skye Ontiveros

Architecture and Planning ETDs

Oil and gas production (OGP) is expanding, paralleled by its polluting leaks and spills (LS), and outpaced by its waste. This raises the question: Does remediation of LS occur effectively when needed to protect the environment and public, particularly in major producing regions like arid/semi-arid regions (ASAR), which account for approximately 72% of US oil and 42% of gas production? To answer, a review of the eight largest national remedial laws, sourced from the Code of Federal Regulations (CFR), identified 14 OGP exemptions for remedial determinants (RDs): factors affecting remedial frequency and efficacy (e.g. LS monitoring and chemical disclosure). An …

Divine Detachment: Beachy V. Assemblies Of God And A New Interpretation Of The Ecclesiastical Abstention Doctrine, Juarez Mcleod Johnson

MC Law Review

In the landmark case of Beachy v. Mississippi District Council for Assemblies of God, the Mississippi Supreme Court redefined its interpretation of the ecclesiastical abstention doctrine—marking a pivotal shift in church-state jurisprudence. Traditionally, this doctrine instructed courts to defer to the highest internal authority of a church when deciding disputes within hierarchical religious organizations. However, the court’s decision in Beachy significantly departed from this principle by designating the local pastor and congregation as the supreme authority over local church affairs, even within a hierarchical structure.

This Casenote explores the profound implications of the Supreme Court’s ruling, focusing on its …

Liening On The Court: Examining Loblolly Properties, Llc V. Le Papillon Homeowner's Association, Inc. And The Future Of Lien Priority In Mississippi, Thomas C. Jones

MC Law Review

The Mississippi Supreme Court in Loblolly Properties, LLC v. Le Papillon Homeowner’s Association, Inc. held that the nonjudicial foreclosure of a deed of trust does not extinguish restrictive covenants to pay HOA fees that were filed after the recording of the deed of trust.  In doing so, the Court blatantly disregarded the fundamental understanding of lien priority in Mississippi, and also failed to explain how the policy behind lien priority would further be upheld in the future. This decision by the Supreme Court is incorrect and places Mississippi in a “super-minority” of jurisdictions on this issue.  The overwhelming majority of …

Reno Real Estate Development, Llc; And Reno Property Manager, Llc V. Scenic Nevada, Inc.; City Of Reno V. Reno Real Estate Development, Llc; And Reno Property Manager, Llc; And Scenic Nevada, Inc. 141 Nev. Adv. Op. 48, Lauren Jung

Nevada Supreme Court Summaries

UNDER THE RENO MUNICIPAL CODE, AREA IDENTIFICATION SIGNS ARE DISTINCT FROM ON- OR OFF- PREMISES ADVERTISING DISPLAYS.

Predicting An Uncertain Future: Conservation Easements And The Difficulties Created By Speculative Valuations, Travis L. Strickler

Kentucky Law Journal

No abstract provided.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

A Comparison Of Inadequate Doctrines: The Canadian “Honour Of The Crown” And The U.S. Federal Trust Responsibility, Jennifer Pahre, Cara Shanahan, Emma Troy, Brooke Conklin

Texas A&M Journal of Property Law

This article critically examines and compares the Canadian doctrine of the "honour of the Crown" and the United States' federal trust responsibility as legal frameworks intended to protect the rights and interests of Indigenous peoples. Through historical and doctrinal analysis, the authors argue that both doctrines, while rooted in fiduciary ideals, have been reinterpreted by courts and policymakers in ways that prioritize governmental interests over those of Indigenous communities. The U.S. trust responsibility, once grounded in treaty obligations and sovereign-to-sovereign relations, has devolved into a vague, largely unenforceable moral and legal obligation, allowing for unilateral federal and state action that …

The Sovereign Acre, Match Dawson

Texas A&M Journal of Property Law

What if the next constitutional crisis is not declared from a presidential podium but tyranny forged into a deed? Not a contested election. Not a rogue legislature. Not even a runaway court. This time, it is quieter—with a deed signed and title passed, a new sovereign is crowned in private ink. Across the country, billionaire land grabs are redrawing the map of municipal governance itself. As wealthy elites and corporate oligarchs carve out private enclaves—from the privatized contract city of Sandy Springs, Georgia, to the unsettling governance of The Woodlands, Texas—we bear witness to public sovereignty giving way to …

Pore Some More: Current Legal Considerations Of Pore Space Ownership In Texas, Peter E. Hosey, Charles P. Hosey

Texas A&M Journal of Property Law

This article provides a comprehensive analysis of the legal landscape governing pore space ownership in Texas. It traces the evolution of Texas law from early uncertainty and conflicting case law—such as Mapco, Inc. v. Carter—to the Texas Supreme Court’s recent clarification in Myers-Woodward, LLC v. Underground Services Markham, which firmly establishes subsurface pore space as an attribute of the surface estate. The authors examine the practical implications of this rule, including the interplay between mineral and surface estates, the accommodation doctrine, and issues related to trespass, correlative rights, and contamination of native reservoirs. The article also explores ongoing legislative efforts …

When The Taxpayers Are Not Innocent: The Need For Punitive Damages Against Municipalities Under The Fair Housing Act, Charlotte Saltzman

Fordham Law Review

Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit’s recent decision in Gilead Community Services, Inc. v. Town of Cromwell, which held that punitive damages were appropriate against the Town of Cromwell, with the reasoning of district courts that came to the opposite conclusion in reliance on § 1983 precedent. Second, notwithstanding the sufficiency of the statutory analysis, it evaluates the public policy concerns of awarding …

Omahe Rak Usah Apik-Apik: Adequate Housing Problems Of The Urban Poor Along Railway Tracks, Syahwal -

The Indonesian Journal of Socio-Legal Studies

As urban development accelerates, urbanization has simultaneously grown as an inseparable phenomenon. However, beneath this transformation lies a crisis within the capitalist system known as overaccumulation, which has led to the marginalization of urban poor groups. This phenomenon results in the creation of slums, one of which is found in the periphery of railway tracks, where the urban poor reside. Semarang the capital of Central Java Province, Indonesia, is an apt example of such developments,. This study takes as starting point that the right to adequate housing is an integral part of human rights and addresses the issue of why …

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …