Supreme Court Land Use Opinion - Assignment Example

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The runway, as projected in the development plans, would necessitate the usage of adjacent land, presently housing a cemetery sacred to the peoples of the St. Wiemerslage…
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Supreme Court Land Use Opinion
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Download file to see previous pages Wiemerslage Church whose parishioners believe the deceased must remain in their burial grounds for religious purposes. On the basis of the O’Hearn Modernization Act, the New Kiel Wissinois State District Court granted eminent domain to the MAA, awarding the cemetery to the MAA based on “compelling government interest” in the project, a ruling upheld by the Federal Appeals Court. The Church is appealing the decision, citing insufficient “essential nexus” and lack of “rough proportionality” with regards to the building project, claiming a violation of their constitutional rights to religious protection under the First Amendment. The Great Lakes Region denied the MMA permits for dredging, a decision upheld by the Federal District Court. The MAA is appealing the decision to deny the dredging permits, citing that the denial of the permits was arbitrary and capricious and requesting eminent domain over the cemetery grounds for the use of the prospective runway.
-The Midwestago Airport Authority (MAA), for the purposes of increasing flight capacity of the O’Hearn airport, is seeking to add a new runway, Runway 10 Center, to its airfield. The MAA contends that expansion of the airfield will serve the public interest by increasing air traffic in the region, thereby stimulating statewide economic development.
-In order for the runway to be constructed, the MAA wishes to exercise eminent domain of the adjacent sacred St. Wiemerslage Teutonic Druid Cemetery, relocating the remains therein, utilizing the land thereof for the Runway 10 Center.
-The St. Wiemerslage Teutonic Druid Church is vehemently opposed to the MAA seizure of the cemetery. The Church holds that the burial ground is sacred, maintaining that it is integral in their beliefs of the afterlife that the remains not be moved.
-The Wissinios State District Court ruled that there was essential nexus ...Download file to see next pagesRead More
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