“Finally, please settle this blasted thing. I can guarantee at least one of you will be unhappy with my recommendation and, perhaps, both of you. You can’t both be winners. But you […]
This is an important question since structures built under the auspices of an old zoning code that are now excluded from the current zoning code are at odds with the updated vision for the community. This may not be a big deal when, say, a house is constructed a year after an area is rezoned for commercial use. However, it becomes increasingly problematic when that house is now a power plant and the one year has increased to ten. This ability to develop based on a 10 year old zoning code creates uncertainty for potential residents and developers who may find the nonconforming development to be an undesirable neighbor.
The disorganization in how to handle the disagreement between Florida, Georgia, and Alabama over water in the Apalachicola-Chattahoochee-Flint River Water Basin (ACF Basin) was made apparent again today in an article from the […]
Last year we reported on a case in Oklahoma that involved allegations by a property owner that an oil company was negligent in causing an earthquake that damaged her house. Oklahoma has, what […]
Last summer the Georgia Supreme Court severely restricted the application of a buffer rule along all state streams – a buffer seemingly designed to protect water quality. The Georgia Erosion and Sedimentation […]
When Land Use Codes Attack: How a 1970's Ordinance is Challenging the Supreme Court to Define The Property A Government Can Take
The waters of the St. Croix River serve as the boundary between Minnesota and Wisconsin for 125 miles prior to emptying into the Mississippi River just south of Minneapolis and eventually the Gulf […]
Case Watch: Georgia's Waters May Get a Bit Murky Thanks to Poor Statute Writing by the Georgia Legislature
State water could soon get quite murky thanks to a new ruling by the Georgia Supreme Court. Several month ago we highlighted Turner v. Georgia River Network as a case to watch since […]
While scientific studies have already shown the clear link between fracking and earthquake activity, courts have been less enthusiastic in making the connection. That, however, may be changing. Over the past several years […]
This is just to name the major legal players. Countless other people are impacted by how water is allocated in the ACF Basin, though they may not have legal standing to bring suit. The waters have extensive recreational and aesthetic value, which serve both economic and emotional purposes. The unpredictable flow of the Chattahoochee River and rise and fall of Lake Lanier hurts the economic interest of adjacent landowners and recreational outfitters. Countless individuals use the waters of the ACF Basin for boating, fishing, and other recreational purposes. These are just the economic uses. An un-quantifiable value lies in the sheer beauty of the area. People buy and rent homes in the area for the aesthetic value. People hike, bird-watch, and camp in the area for the aesthetic value. These incidental users have largely been reduced to the sidelines as state leaders continually fail to reach compromise.
Case Watch is a new piece that will highlight ongoing legal battles over land use, environmental, and development issues in Georgia (and occasionally throughout the country). What’s the point of the controlling sedimentation and […]