Siela v. Hannibal & St. Joseph Railroad

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming trial court’s denial of attorney’s fees despite finding that planning board made mistaken decision
• “delay inherent in the statutory process of obtaining subdivision approval, including appeals to the superior court and to this court, is one of the incidents of ownership” and cannot give rise to takings claim
• “The board apparently based its decision on its belief that there existed a septic system superior to the one the owners proposed, despite the absence of testimony that the proposed system posed an ‘exceptional danger to health.’ ”
• board improperly applying ordinance is not a taking
• board improperly applying ordinance is not a taking
• “The delay inherent in the statutory process of obtaining [the permit], including appeals to the superior court and to this court, is one of the incidents of ownership . . . [which] must be borne by the property owner and does not give rise to a compensable taking.”

Source: CourtListener parenthetical corpus (CC0).