green
Positive treatment
Quoted verbatim 1×
7.6 score
“hen the regulation itself is not a 'valid' exercise of the police power, united states supreme court precedents imply that no matter how 'far' it goes, the regulation may constitute a taking”
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Gangemi v. Zoning Board of Appeals
hen the regulation itself is not a 'valid' exercise of the police power, united states supreme court precedents imply that no matter how 'far' it goes, the regulation may constitute a taking
discussed
Cited "see"
Esther Nakagiri v. Eric Holder, Jr.
See INS v. Doherty, 502 U.S. 814 , 323-24, 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992); Mosere v. Mukasey, 552 F.3d 397, 400 (4th Cir.2009); Barry v. Gonzales, 445 F.3d 741, 747 (4th Cir.2006); see also 8 C.F.R. § 1003.23 (b)(3) (2014).
discussed
Cited "see"
Rapoport v. ZONING BD. OF APPEALS STAMFORD
See Port Clinton Associates v. Board of Selectmen, 217 Conn. 588, 591-93 , 587 A.2d 126 (involving regulation of building fines in waterway bordering town of Clinton pursuant to state *49 statute authorizing ordinance regarding establishment of building lines in certain waterways), cert. denied, 502 U.S. 814 , 112 S. Ct. 64 , 116 L.
cited
Cited "see"
Gifford v. Otis
See Sandwich v. Quirk, 409 Mass. 380, 383 , cert. denied, 502 U.S. 814 (1991) (interruption of claim of adverse possession); Pugatch v. Stoloff, 41 Mass. App. Ct. 536 , 542 n.8 (1996).
cited
Cited "see"
Tsafah v. Gonzales
See INS v. *404 Doherty, 502 U.S. 814 , 323-24, 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992).
discussed
Cited "see"
Jaime Roberto Osorio v. U.S. Atty. Gen.
See Immigration and Naturalization Serv. v. Doherty, 502 U.S. 814 , 323, 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992) (discussing motions to reopen and explaining that such motions are disfavored because “as a general matter, every delay works to the advantage of the deportable alien who wishes merely to remain in the United States”).
discussed
Cited "see"
Warner Ex Rel. Warner v. Independent School District No. 625
(2×)
Cir. 1994); see Mateyko v. Felix, 924 F.2d 824, 828 (9th Cir.), cert. denied, 502 U.S. 814 (1991), and cases cited.4 We invoked this principle in denying attorneys' fees under § 1988 in Reel v. Arkansas Department of Correction, 672 F.2d 693, 697-98 (8th Cir. 1982).
discussed
Cited "see"
Eric Warner v. Independent School District No. 625
In such cases, other circuits "have uniformly held that a plaintiff who loses on the merits of its federal civil rights claim is not a 'prevailing party' for purposes of an award of attorneys' fees under 42 U.S.C. § 1988 , even if it prevails on a related pendent state law claim." National Org. for Women v. Operation Rescue, 37 F.3d 646 , 653-54 (D.C.Cir.1994); see Mateyko v. Felix, 924 F.2d 824, 828 (9th Cir.), cert. denied, 502 U.S. 814 , 112 S.Ct. 65 , 116 L.Ed.2d 40 (1991), and cases cited. 4 We invoked this principle in denying attorneys' fees under § 1988 in Reel v. Arkansas Department…
cited
Cited "see"
Cumberland Farms, Inc. v. Town of Groton, No. 529192 (Dec. 9, 1996)
See Port Clinton Associates v. Board of Selectmen , 217 Conn. 588 , 587 A.2d 126 , cert. denied, 502 U.S. 814 , 112 S.Ct. 64 , 116 L.Ed.2d 39 (1991).
discussed
Cited "see"
Stefan N. Reiss v. M.T. Luchetta
See DeLoach v. Bevers, 922 F.2d 618, 622 (10th Cir.1990) ("We have long recognized that it is a jury question in a civil rights suit whether an officer had probable cause to arrest."), cert. denied, 502 U.S. 814 (1991). 17 Similarly, when a police officer asserts that he is entitled to qualified immunity from a claim that he has made an arrest without probable cause, factual questions often arise that require resolution by a jury.
discussed
Cited "see"
City of College Station, Tx v. City of Bryan, Tx
(2×)
See Laurel Sand & Gravel, Inc. v. CSX Transportation, Inc., 924 F.2d 539, 545 (4th Cir.), cert. denied, 502 U.S. 814 , 112 S.Ct. 64 , 116 L.Ed.2d 39 (1991) (court considered reasonableness of offer from perspective of the monopolist, and held that the reasonableness standard did not guarantee that antitrust plaintiffs would make profit). 12 In this case, given the relatively late formal request for wheeling services, given the absence of prior requests by College Station for wheeling services exclusively, given Defendants’ apparent relative inexperience in transmission pricing for large cont…
discussed
Cited "see, e.g."
Evans v. Jacobsen
See, e.g., Mateyko v. Felix, 924 F.2d 824 , 826 27 (9th Cir. 1990), cert. denied, 502 U.S. 814 (1991) (testimony that officers received only three to 28 four hours of Taser gun training and lacked information as to the Taser’s precise effect would at 1 best support a finding of mere negligence); Merritt v. Cnty. of Los Angeles, 875 F.2d 765, 771 , 2 771 n.10 (9th Cir. 1989) (no evidence presented that county was aware of need to train officers 3 regarding import of conflicting VIN numbers).
discussed
Cited "see, e.g."
Lawrence v. Dept. of Energy & Environmental Protection
There is no reason why, because of its peculiar nature as property, this right cannot, like any other property right, be made subject to reasonable police regulation in the interest of the public welfare." (Citations omitted.) Shorehaven Golf Club, Inc. v. Water Resources Commission, 146 Conn. 619 , 624, 153 A.2d 444 (1959) ; see also Port Clinton Associates v. Board of Selectmen, 217 Conn. 588 , 598, 587 A.2d 126 ("[t]he owner of riparian rights ... has the right to build a pier or wharf past the low water mark subject to the qualification that he thereby does no injury to the free navigation…
discussed
Cited "see, e.g."
Hall v. Wal-Mart Stores, Inc.
(2×)
See Kemezy, 79 F.3d at 37 ; see also De-Loach v. Bevers, 922 F.2d 618, 624 (10th Cir. 1990), cert. denied 502 U.S. 814 , 112 S.Ct. 65 , 116 L.Ed.2d 41 (1991); Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897, 910 (1991); DeMatteo v. Simon, 112 N.M. 112 , 812 P.2d 361, 364 (N.M.Ct.App.1991).
discussed
Cited "see, e.g."
Pig Pro Nonstock Cooperative v. Moore
See, also, MSM Farms, Inc. v. Spire, 927 F.2d 330, 335 (8th Cir. 1991) (holding article XII, § 8, of Nebraska Constitution represents “a reasonable judgment [by the people of Nebraska] that prohibiting non-family corporate farming serves the public interest in preserving agriculture where families own and farm the land” and the provision not in conflict with federal Constitution), cert. denied 502 U.S. 814 , 112 S. Ct. 65 , 116 L.
Retrieving the full opinion text from the archive…
Quirk et ux.
v.
Town of Sandwich
v.
Town of Sandwich
No. 90-1804.
Supreme Court of the United States.
Oct 7, 1991.
Published
Citer courts: Supreme Court of Connecticut (1)
Sup. Jud. Ct. Mass. Certiorari denied.