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SCOTUS Provides Pathway to Courts' Challenging Army Corps' Wetlands Calls
Access to courts to resolve disputes early on in a permitting process is critical for land use projects in terms of time- and cost-savings. In Army Corps of Engineers v. Hawkes, issued on May 31, 2016, the U.S. Supreme Court effectively agreed by rul...
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Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning
Mar 01, 2016
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Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United...
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A Washington Court of Appeals Reaffirms State's Strong Vested Rights Doctrine
The Washington Department of Ecology issued the 2013-2018 Phase I Municipal Stormwater Permit, which required certain counties and cities to adopt local regulations for controlling stormwater sewer systems for new development, redevelopment, and cons...
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As a Matter of Fact, Raisins Are Protected By the Fifth Amendment
Earlier this year we wrote about the Ninth Circuit Court of Appeals case of Horne v. Department of Agriculture (here). In that case, the court of appeals ruled that a Department of Agriculture marketing order that required raisin farmers to...
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Are Raisins Protected by the Fifth Amendment to the U.S. Constitution?
We will find out the answer to that question later this year from the United States Supreme Court in Horne v. Department of Agriculture. At issue is whether the Department of Agriculture can subject raisin farmers to a marketing order requiring...
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