A NEW NARLO FEATURE!

Links to State and U. S. Supreme Court cases

covering property rights, easements, encroachments and eminent domain cases.

If we want to understand where we are under the law, we have to understand how courts interpret the law.

We will be adding links to property rights and eminent domain cases as we learn of them.

The first case (Proctor vs. Huntington) is a classic case of encroachment, where a landowner took the word of a surveyor (or so he said) and built his entire home, well, septic tank and outbuildings on the adjoining parcel. It went to trial court and ultimately ended up in the Washington State Supreme Court. What is interesting about this case is how the justices have morphed what was standard property rights law into what is called liability law. To get the flavor of what the justices have done in this case, you have to read both the majority and dissenting opinions. It allows you to see how the minds of the justices work. This of course was a 5 to 4 liberal majority decision that interpreted the case based on contemporary case law, instead of hard and fast constitutional law. We have included the Majority and Dissenting opinion links below.

This is the first case is shown as both the Majority and Dissenting Opinions. The second case, U. S. Supreme Court's landmark decision in "Rapano vs. USA", challenges the Army Corps of Engineers and the Environmental Protection Agency's power over wetlands under the Clean Water Act.

More cases will follow in the coming weeks and months as we learn of them.

MAJORITY OPINION - Proctor vs. Huntington

HERE

DISSENTING OPINION - Proctor vs. Huntington

HERE

U. S. SUPREME COURT LAND USE CASE - Rapano vs. USA

HERE

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