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and Use Vol. 31 No. 13 aw Re June 18, 2003 SLANTS & TRENDS THE THREE DISSENTING JUDGES in City of Suffolk v. Board of Zoning Appeals for the City of Suffolk (story, p. 98) contended the majority opin- ion allowed creation of a vested property right based on nothing more than conceptual land -use plans accompanying a rezoning rather than the "specific project" required by the statute. They also argued that allowing actions taken five or more years after the relevant governmental action to constitute "diligent pursuit" permitting establishment of vested rights did not comply with the terms and conditions for vesting enacted by the legislature. It may turn out that the vesting law the Virginia legislature passed in 1998 may not provide developers with the sense of certainty they claimed was missing under court interpretations of vesting, after all. CRITICIZED BY SOME as one of the most con- servative federal appeals court in the nation, the 4th U.S. Circuit Court of Appeals recently has shown a somewhat surprising pro - government attitude to- ward environmental regulations. Witness, for ex- ample, its decisions upholding endangered species designations. A recent ruling upholding the U.S. Army Corps of Engineers view as to the scope of its ju- risdiction under the Clean Water Act (story, p. 99) predictably outraged the National Association of Home Builders and gave comfort to environmen- talists. The court ruled that because water draining from wetlands into a roadside ditch eventually made its way to a navigable waterway, the Corps could exercise its jurisdiction over drainage works the landowners excavated in the wetlands without benefit of a Clean Water Act permit. In a press release issued by the home builders June 13, NAHB president Kent Conine said, "the Inside Vested Rights e 97 Rezoning Vested Right to Develop........ Page 98 Wetlands Corps' Jurisdiction Upheld .................... Page 99 Environmental Review No Right to Second Review ................. Page 100 Right to Farm No Building Permit Required .............. Page 101 Takings Futility Argument Fails ........................ Page 102 Nonconforming Uses Second -Story Addition Approved........ Page 104 court has transformed virtually every front and back yard in the mid - Atlantic lying next to a man - dug ditch into waterfront property." The association is considering seeking review by the U.S. Supreme Court. The association's rhetoric appears a bit over- blown. One needs to bear in mind that the initial problem arose because the landowners dug a drain- age ditch on property they had been advised was a wetland, and against.the advice of a Soil Conserva- tion Service official. It is not likely that every homeowner who happens to have a low spot in his front yard can expect a visit from the Corps. ATLANTA IN TRAFFIC TROUBLE? On June 16, the 11th U.S. Circuit Court of Appeals joined three other appeals court in ruling EPA should have reclassified the city's air pollution as "severe." The city may have only a year to deal with the problem, possibly by severe traffic restrictions. Business Publishers, Inc. • 8737 Colesviile Rd. • Suite 1100 • Silver Spring, MD 20910 -3928 • Leonard A. Eiserer, President & Publisher Editorial Director: Charlotte Wright Editor: James D. Lawlor, Esq, A& Land Use Law Report (ISSN 1064 - 0401), published 25 times a year. Subscription rate: $397 per year (includes shipping). For subscribers outside North l'-^ft America, please add $16. Six -month and multiple -year rates available on request. POSTMASTER: Send address changes to BPI, 8737 Colesville Rd., fTTM #1100, Silver Spring, MD 20910 -3928. Editorial: (301) 587 -6300; FAX (301) 587 -1081; Customer Service: (301) 589.5103 or (800) 274 -6737; FAX (301) 589- 8 P 8493. For fastest service, please Include, account number when you call or write. For information on reprints, contact Copyright Clearance Center, (978) 750 - Ioyew 8400. To purchase documents flagged W, call 1- 800 - 274 -6737. Land Use Law Report is also available electronically via Gale Group, 1- 800- 347 -4253. otExcofteme Come visit our Web site at http:ltwww.bpinews.com 'IM-2003 Reproduction in any form prohibited without the express permission from publisher. 0 Copyright Business Publishers, Inc. 2003