Zoning Law
 
United States of America v. Luis Santiago

Miami, FL - Former Opa Locka City Commissioner Pleads Guilty To Participating In Corruption Scheme

Former City of Opa Locka Commissioner Luis Santiago pled guiltyfor his participation in a two-year long bribery and extortion under color of official right conspiracy, in violation of Title 18, United States Code, Sections 371, 666(a)(1)(B), and 1951(a).

“... in open court, a forme

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Washington Townhomes, LLC v. Washington County Water Conservancy District

¶1 This is a putative class action aimed at challenging the legality of certain impact fees imposed by the Washington County 1 Other appellants were: HOMES BY HARMONY, INC.; COTTON MEADOWS, LLC; SALISBURY DEVELOPMENT, LLC; SOUTHERN UTAH HOME BUILDERS AS

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KEN LAUBENSTEIN and BILLIE WALLACE v. BODE TOWER, L.L.C.,

BoDe Tower is an Oklahoma limited liability company which owns a tract of land in the Gooseneck Bend area of Muskogee County. The property lies less than three miles outside of the City of Muskogee near a sharp meander in the Arkansas River. In 2009, BoDe Tower began the process of securing authorization from state and federal officials for the construction of a telecommunications tower on the tra

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ESPN, Inc. and Paula Lavigne v. University of Notre Dame Police Department

The Notre Dame Security Police Department was established in 1977 by Resolution of the University of Notre Dame trustees. Through the University trustees, the Department is granted “[g]eneral police powers.” Ind. Code §§ 21-17-5-4(a)(1), (b) (2014). But beyond these traditional police functions, the Department also enforces the University student code and parietals,1 coordinates internal discip

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United States of America v. City of Port Jervis

New York, NY - U.S. Attorney Settles Religious Discrimination Lawsuit Against City Of Port Jervis

The United States settled a federal civil rights lawsuit against the City of Port Jervis (“PORT JERVIS”) in Orange County, New York. Under the agreed-upon Consent Decree, Port Jervis will repeal a local law enacted in December 2015 that bans places of worship from two of the City’s central b

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MUSTANG RUN WIND PROJECT, LLC v. OSAGE COUNTY BOARD OF ADJUSTMENT v. THE OSAGE NATION ¬¬

Mustang Run Wind Project, LLC, (Mustang) filed an application with the Osage County Board of Adjustment for a conditional use permit involving between 9,406 and 9,453 acres of land. Mustang proposed to use the land for placing sixty-eight wind turbines on less than 150 acres and generating electricity.1 Public meetings on the proposed wind energy facility were held in April and May 2014. The prop

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Scenic America, Inc. v. United States Department of Transportation, et al.

In 1965, Congress enacted the Highway Beautification Act to control “the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate System . . . in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.” 23 U.S.C. § 131(a). The HBA penalizes those

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STATE OF CONNECTICUT v. JAMES BAKER

The defendant, James Baker, appeals from the judgment of the trial court denying his motion to correct an illegal sentence filed pursuant to Practice Book § 43-22.1 After pleading guilty under the Alford doctrine2 to possessing a weapon or dangerous instrumentinacorrectionalinstitutioninviolationofGeneral Statutes § 53a-174a (a),3 the defendant was sentenced to eighteen months of imprisonment. The

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North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t

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RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a

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STATE OF CONNECTICUT v. DONALD SATURNO

The defendant, Donald Saturno, appeals from the judgments of conviction rendered by the trial court following his conditional pleas of nolo contendere, pursuant to General Statutes § 54-94a,1 to onecountofmanufacturingabombinviolationofGeneral Statutes § 53-80a and one count of possession of child pornography in the first degree in violation of General Statutes § 53a-196d (a) (1). The defendant en

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Burton P. Lingenfelter v. Lower Elkhorn Natural Resources District

Burton P. Lingenfelter farms in Pierce County, Nebraska.
He owns and operates Dunaway Farm and three other parcels
of land in its immediate vicinity, one of which is called
Rehfeld Farm. Dunaway Farm and Rehfeld Farm are located
within the jurisdiction of the Lower Elkhorn Natural Resources
District (District).
The District’s rules contain restrictions on ground water
i

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MARK DONNELL FASSETT vs. STATE OF IOWA

On January 2, 2001, the State charged Fassett by trial information with
five crimes: two counts of distribution of methamphetamine to a person under
age eighteen, as a second offense, class “B” felonies in violation of Iowa Code
sections 124.401D (Supp. 1999) and 124.411 (1999); two counts of sexual abuse 1 The relevant portions of statute

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State of Tennessee v. Adam Christopher Butler

This case arises from an incident in which the victim‟s plants were damaged. At the trial, the victim testified that the Defendant was her neighbor and that on July 26, 2014, she awoke around 1:45 a.m., looked at a security camera monitor located in her bedroom, and saw the Defendant walking in her backyard. She stated that she went outside and approached the Defendant, that she saw him sp

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Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin

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PACIFIC HIDE & FUR DEPOT v. EMINETH CUSTOM HOMES, INC.

In about 2011 Pacific Steel & Recycling (Pacific) set about to expand its recycling
and fabrication work in Williston, North Dakota, and foresaw the need for a warehouse
and a remodeled office and shop. Pacific put the warehouse project out for bids and
awarded the contract to Emineth as the low bidder. An unsuccessful bidder, unhappy
about not getting the warehouse job,thre

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Manchester CP vs. A & A Restaurant Inc. et al

1 The following background is taken in the light most favorable to A & A and Mr. Konstantinou as the non-moving parties. The court acknowledges that Manchester CP disputes many of Mr. Konstantinou’s assertions regarding statements made by its agents.
Argirios Konstantinou operated the Manchester Pizza House restaurant in the Price Chopper Plaza at 263 Depot Street in Manchester, Vermont for

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Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi

The instant case arises out of the City’s efforts to rebuild the antebellum home Grass
Lawn after it was destroyed during Hurricane Katrina. Grass Lawn was built in 1836, sixty
years prior to the City’s founding. Grass Lawn served as a private residence until 1973,
when the City purchased it to use as an event space for weddings, parties, and other private
events. Critically to t

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STATE OF CONNECTICUT v. HAIDAR MUSTAFA ABUSHAQRA

In this petition for review, brought pursuant to Practice Book § 77-1 and General Statutes § 51-164x (c), we are called upon to determine whether the trial court improperly (1) prohibited the petitioner, CapitalBailBonds,LLC,fromdisseminating,disclosing, orotherwiseusingareportoftheNationalCrimeInformation Center (NCIC report) and a Federal Bureau of Investigation (FBI) rap sheet in bond forfeitu

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Kate Calvin, et al. v. Jefferson County Board of Commissioners, et al.

Imagine a fictional Florida county—I’ll call it Marshall County—with a total census population of 12,000. Marshall County is run by a board of commissioners comprised of five peo-ple, each of whom is elected from a single-member district with a total census population of exactly 2,400. The Marshall County School Board, which also has five members, uses the same district lines. Case 4:15-cv-00131-M

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STATE OF CONNECTICUT v. RICHARD BRUNDAGE

Both issues in this certified appeal centerontheclaimofthedefendant,RichardBrundage, that thestate is precludedfrom filing asubstitute information bringing new charges against him following his partially successful appeal challenging his convictions onchargesthatweredeterminedtobetimebarred.The defendant appeals from the judgment of the Appellate Court, which concluded that the trial court imprope

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United States of America v. Frank Biancur, Jr.

Former East Haven Zoning Official Who Solicited and Received Payments from Residents is Sentenced

Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that FRANK BIANCUR, JR., 41, of West Haven, was sentenced yesterday by U.S. District Judge Victor A. Bolden in Bridgeport to 30 days of incarceration in a halfway house, followed by two years of supervise

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ARK INITIATIVE, ET AL. v. THOMAS L. TIDWELL, CHIEF, U.S. FOREST SERVICE, ET AL.,

The U.S. Forest Service in the Department of Agriculture generally prohibits road building and timber cutting on its inventoried “roadless” national forest lands. Responding to a petition by the State of Colorado, in 2012 the Service promulgated a rule adopting State-specific standards for the designation and management of the inventoried roadless areas within Colorado’s borders. Special Areas;

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United Food v. Hormel Foods Corporation

This is an appeal from a
judgment and order of the circuit court for Rock County, Michael
R. Fitzpatrick, Judge, in favor of United Food & Commercial
Workers Union, Local 1473 (and various individuals1), the
1 Dennis A. Warne, Charles R. Seeley, and Pamela Collins join as plaintiffs. We refer only to the Union as the plaintiff

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Lamar Tennessee, LLC DBA Lamar Advertising of Knoxville v. City of Knoxville, Tennessee, Et Al.

Lamar has owned and operated many billboards in the Knoxville area for several years. Two of these billboards are central to the present case, i.e., one located at 6739 Kingston Pike and the other at 406B North Peters Road. When they were originally constructed, they were vinyl and non-electronic. Both were properly permitted by the City. In addition, each was a free standing structure, which

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