Lingle Influences Cape Cod Floodplain Ruling

Lawlar, James
October 2005
Planning;Oct2005, Vol. 71 Issue 9, p40
Trade Publication
The article presents information about the 'Gove v. Zoning Board of Appeals of Chatham' court case presented in the Supreme Judicial Court in Massachusetts. In the case, the Massachusetts Supreme Judicial Court ruled that the prohibition against residential construction in a 100-year coastal floodplain by the town of Cape Cod in Massachusetts, is not a compensable regulatory taking. Plaintiff Roberta Gove owns a 1.8-acre lot on Little Beach, in Chatham's coastal conservancy district. In 1998, Ann Grenier and Donald Grenier agreed to buy the lot for $192,000, as long as they could get approvals to build a house there. The planning board refused to issue a permit, and the board of appeals upheld it, citing the city's ban on new houses in the district. Gove and the Greniers sued, but lost at both the trial and appellate court levels. Relying on the state court's 1994 decision in 'Lopes v. Town of Peabody' case, Gove argued that the Chatham building regulations failed to advance legitimate governmental interests.


Related Articles

  • Workers' home justified at bird business.  // Planning (14672073);4/9/2010, Issue 1863, p15 

    The article reports on a court decision regarding the construction of a house to support an avian business in the countryside area of Kent, England.

  • Size limit imposed with approval for replacement of island chalet.  // Planning (14672073);7/16/2010, Issue 1877, p17 

    The article presents a case wherein the inspector permitted the replacement of a chalet in the Isles of Scilly, England.

  • COURT CASES: Extension completion claims dismissed.  // Planning (14672073);5/14/2010, Issue 1868, p21 

    The article discusses a court case wherein the decision of an inspector to uphold an enforcement notice alleging that an extension to a dwelling in north-west London which can be harmful to the appearance of the area has been confirmed by the high court.

  • Homeowners seek repairs, not `easy money'. Whitaker // Business Journal Serving Fresno & the Central San Joaquin Valley;09/27/99, Issue 322517, p31 

    Comments on the negative effects of construction defect lawsuits on California homeowners. Developers' refusal to respond to legitimate problems regarding construction defects; Amount of time and money spent on quality homes.

  • Greenfield homes decision held correct.  // Planning (14672073);7/16/2010, Issue 1877, p20 

    The article presents a case wherein the High Court held that the construction of 40 homes on a greenfield site in Leeds City, England is right.

  • More on Arbitration. Abdulaziz, Sam K. // Reeves Journal: Plumbing, Heating, Cooling;Aug2008, Vol. 88 Issue 8, p14 

    The article discusses a court case wherein the plaintiffs filed a law suit against a developer for construction defects in their homes. They also opposed the motions of the developer saying that arbitration provisions were "unconscionable." The trials and appellate courts sided with the...

  • Court gives Right-to-Repair law new teeth. Illia, Tony // Las Vegas Business Press (10712186);2/6/2006, Vol. 23 Issue 6, p1 

    Reports on the ruling of the Nevada Supreme Court on the class-action construction-defect case filed by the homeowners at Craig Ranch Village in North Las Vegas against Beazer Homes. Arguments on the case; Significance of the ruling for the Senate Bill 241, the state's right-to-repair law;...

  • When all the house plans are set, but the builder cuts and runs. Glink, Ilyce; Tamkin, Samuel J. // Long Island Business News (7/1993 to 5/2009);6/10/2005, Vol. 52 Issue 24, special section p16 

    Advises a homeowner concerning the decision of a home contractor to turn down a house construction project in the United States. Contracts; Cost of building homes; Possible lawsuit.

  • Suits drive up costs of showerheads--and homes. Zamrzla, Johnny // San Diego Business Journal;6/03/96, Vol. 17 Issue 23, p47 

    Opinion. Comments on the problems with inflated estimated of damages in construction defects litigation in house construction in the United States. Features of a case concerning the repair of showerheads in a condominium project; Impact of the rise in construction defects litigation on the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics