GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Ste. Marie v. Riverside County Regional Park and Open-Space Dist. , No. S159319
Court of Appeals judgment is reversed where the "actual dedication" referred to in Public Resources Code sec. 5540 differs from the "dedication" referred to in sec. 5565, and legislative intent supports a finding that property is not deemed automatically dedicated for park or open space purposes upon acquisition by operation of sec. 5565. Instead, an interest in real property is actually dedicated under sec. 5540 when a resolution of dedication is formally adopted by the district's board of directors. Defendant's board of directors had not adopted a resolution actually dedicating the property in dispute for park or open space purposes, so the land was not subject to the restrictions on conveyance set forth in sec. 5540. Read more in HTML... Read more in PDF...
U.S. Supreme Court, May 04, 2009
Burlington No. & Santa Fe R.R. Co. v. US, No. 07-1601
In a CERCLA action by the U.S. seeking recovery of the costs of cleaning up hazardous waste at a railroad facility, court of appeals' order reversing judgment for defendant is reversed, where 1) defendant was not liable as an arranger for contamination at the facility; and 2) the district court reasonably apportioned defendants' share of the remediation costs. Read more...
U.S. 10th Circuit Court of Appeals, April 28, 2009
New Mex. v. Bureau of Land Mgmt., No. 06-2352
In a challenge to a Bureau of Land Management (BLM) order opening certain land in New Mexico to mining, judgment for Defendants is reversed in part, where the BLM failed to conduct sufficient environmental analysis, and vacated in part, where the reintroduction of the endangered species allegedly threatened by the order rendered certain claims moot. Read more...
