From the Ground Up
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In Vino Perseverance: Winery Launch Faces Barriers to Entry
From The Ground Up contributor LeAnne Bremer recently had an article published in the Vancouver Business Journal titled "In Vino Perseverance: Winery Launch Faces Barriers to Entry." The article discusses land use and permitting issues encountered by...
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Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...
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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 divert a...
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