Justia Zoning, Planning & Land Use Opinion SummariesArticles Posted in U.S. Court of Appeals for the Fourth Circuit
North Carolina v. Alcoa Power Generating, Inc.
North Carolina filed suit against Alcoa, seeking a declaratory judgment that North Carolina owns a 45-mile segment of the riverbed of the Yadkin River in North Carolina. The district court ruled as a matter of law that Alcoa successfully proved its title to 99% of the relevant segment under North Carolina's Marketable Title Act, N.C. Gen. Stat. 146-79, and to the remaining 1% under the doctrine of adverse possession. The court concluded that the district court did not clearly err in its factual finding that the Yadkin River was not navigable at statehood and did not err in concluding, as a matter of law, that Alcoa has good title to the riverbed. Accordingly, the court affirmed the judgment. View "North Carolina v. Alcoa Power Generating, Inc." on Justia Law
Andon, LLC v. The City of Newport News, VA
Plaintiffs filed suit against the City, alleging that the City, acting through it's Board of Zoning Appeals (BZA), violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., by denying plaintiffs' request for a variance to permit a certain property to be used as a church facility. The district court dismissed the complaint with prejudice. The court concluded that plaintiffs failed to state a claim that the BZA’s decision imposed a substantial burden on plaintiffs’ right of religious exercise. The court also concluded that the district court did not abuse its discretion in denying plaintiffs’ request to amend their complaint, because any such amendment would have been futile. Accordingly, the court affirmed the judgment. View "Andon, LLC v. The City of Newport News, VA" on Justia Law