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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
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What is it designed to do? (What problem(s) is it intended t solve?) State laws have used redevelopment district tools in order to “clean up blighted parts of the community.”2 In most areas (cities or villages), there are certain sections that had once been established residential, commercial or industrial zones, that have now become old or abandoned, and are in need of repair.
The Fifth Amendment of the US Constitution, in the so-called “Takings Clause,” allows the government to mandate the sale of property for purposes of eminent domain provider the owner is justly compensated (Kelo). This was specifically added to the Bill of Rights in order to prevent the sovereign (government) from arbitrarily seizing property for illegitimate or corrupt purposes.
Topeka Board of Education that overruled Plessy (6 points) Answer The Court has changed its view on de jure segregation and assured its citizens equal protection by the law. In Brown v. Topeka Board, the Court ruled the establishment of separate public schools for the white and black unconstitutional.
Although depending on the form of construction and characteristics of the flooding, some buildings may survive; other damages occur due to the corrosive effects of salinity and damping. People have in the past ignored warnings not to erect buildings and businesses in flood areas, along beaches and barrier lands with the hope of getting government assistance.
The death penalty takes their young lives and forever changes them, without the opportunity to be rehabilitated by competent sociological or psychological professionals. However, when the case is similar to the one in the article, the
inal arbiter, the Supreme Court is entrusted with the ability to provide equal justice through the use and interpretation of the law, hence, it also functions and a guardian in interpretation of the constitution (Charles, 2012). It is because of these very important functions
wo cases to warrant different rulings is the suitability of the university’s applied criterion to achieve the objective of equal representation by race. Even though the university’s use of race in both cases relates to Equal Protection Clause, its application in the
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