Lower-Density Townhouse Permit Not a ‘Taking’

By Deborah Elkins
Published: March 9, 2011

Tags: 4th U.S. Circuit Court of Appeals, Constitutional, Judge J. Harvie Wilkinson III

In this decades-old dispute, not unlike a “chronicle of the Tudor dynasty,” between a West Virginia landowner and local government bodies and neighbors who played a part in resisting his development plans, the 4th Circuit says the denial of a more intensive conditional use permit than the one he was granted by local officials did ...

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