WATER: §85-2-227(4) presumption of municipal nonabandonment procedural, not impermissibly applied retroactively… properly applied as to 7.35 cfs of creek, objector failed to rebut… City improperly found to have abandoned .6 cfs in light of “growing communities” doctrine… challenge to place-of-use restrictions fails for lack of notice AG… Tucker affirmed, reversed. [Read more…]
Forfeiture, property owner entitled to jury trial
FORFEITURE statute precluding jury trial violative of Art. II §26, is also penalty purposed and therefore not in equity… remanded for jury trial in drug-related real property forfeiture proceeding… Tucker reversed. [Read more…]