7 results for 'cat:"Administrative Law" AND cat:"Water"'.
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: administrative Law, Property, water
[Consolidated] J. Lee finds the district court improperly found in favor of the water rights owners who claim the state engineer lacks authority to conjunctively manage waters to administer multiple basins forming the flow system at issue. The engineer did not exceed his statutory authority to combine multiple basins into one hydrographic "superbasin" based on a shared source. All respondents had adequate notice and opportunity to be heard. Affirmed in part.
Court: Nevada Supreme Court, Judge: Lee, Filed On: January 25, 2024, Case #: 84739, Categories: administrative Law, Property, water
J. Sacks reverses and remands abutters’ claims of nuisance and trespass against a would-be developer, who they believe would pollute their drinking water supply through a proposed septic system, but affirms the granting of permits to the developer. The abutters’ hydrologist’s mass balance analysis is flawed, but even if it was accurate, Title V does not prohibit a septic system from increasing levels of nitrogen in a private well, even beyond the state drinking water standard.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: December 13, 2023, Case #: 22-P-908, Categories: administrative Law, Zoning, water
J. Sullivan finds for the Army Corps of Engineers on the state of Alabama’s challenge to the corps' updated master water control manual, which governs management of certain dams and reservoirs in the Alabama-Coosa-Tallapoosa River Basin. The state fails to show the manual violates the Clean Water Act, the Administrative Procedure Act or the National Environmental Protection Act.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: November 9, 2023, Case #: 1:15cv696, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Environment, water
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J. Edwards finds the homeowners’ association has failed to refute the trial court’s denial of its petition for review of an administrative law judge’s decision against it in their dispute with homeowners over permitting for a stormwater management system. The administrative law judge’s decision recommending to the stormwater management district that the disputed permit should not be granted was based on substantial evidence in part regarding the system’s compliance with codes, adheres to essential requirements of law and allows the district to make a final determination on the permit. The matter is remanded to the district to enter a final decision, which can then be appealed if the losing side desires.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 22-2426, Categories: administrative Law, water, Agency
J. Hoffstadt finds the trial court properly dismissed this class action brought against the previously dissolved district alleging its failure to provide potable drinking water. The district had been dissolved for incompetence and the Reorganization Act grants discretion to the Local Agency Formation Commission to permit it to appoint a successor agency responsible for winding up the district’s affairs. The county is immune and the district is legally nonexistent. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: May 25, 2023, Case #: B317653, Categories: administrative Law, water, Agency