Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Articles Posted in Zoning, Planning & Land Use
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Jason and Marian Aamodt sued the City of Norfolk, Arkansas, to enjoin the application of a 2008 zoning ordinance prohibiting the short-term rental of their property. The Aamodts also requested records under the Arkansas Freedom of Information Act (AFOIA). The district court granted summary judgment to the City. The Aamodts appealed, contending (1) the 2008 ordinance was invalid because it did not contain a map, and (2) the district court interpreted the AFOIA in violation of the Privileges and Immunities Clause. The Eighth Circuit Court of Appeals affirmed, holding (1) the Aamodts' first claim failed because their complaint made no such claim and the district court did not rule on it; and (2) the Aamodts' second claim failed because they did not assert this constitutional claim in the district court.

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The State challenged the Secretary's decision to accept four parcels of land within the geographic boundaries of the State into trust for the benefit of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, a federally recognized Indian tribe. The district court granted summary judgment in favor of the Secretary and the State appealed. The court held that, because the State lacked standing to bring a constitutional due process claim and did not raise any additional arguments on appeal, the State was not entitled to relief. The court dismissed and did not reach the merits.