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Supreme Court says Florida's beach preservation activities did not infringe shoreline property rights; justices scrap over role of courts in property takings
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- June 22 2010
On June 17, 2010, the Supreme Court unanimously ruled that the State of Florida did not infringe on private property interests by engaging in a beach preservation effort
Homeowner associations and members not necessarily bound by arbitration provisions in CC&Rs or in related purchase agreement where developer is initial declarant
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- August 10 2010
Pinnacle Museum Tower Association v Pinnacle Market Development (US) LLC, No D055422 (4th Dist July 30, 2010) Homeowners and homeowner associations are not necessarily bound by arbitration provisions in a declaration of covenants, conditions and restrictions, or in a related purchase agreement, where the developer is the initial and only declarant
Three-year statute of limitations applies to inverse condemnation action
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- August 10 2010
In William Bookout v. State of California ex rel. Department of Transportation, the Second District Court of Appeal provided important guidance on whether an inverse condemnation action is subject to a three-year or five-year statute of limitations, and whether annual flooding constitutes a continuous or permanent nuisance
State policy barring development seaward of most landward extension of historical mean high tide line invalid as underground regulation
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- March 8 2011
'In the beginning God created the heaven and the earth.'
Condominium developer cannot enforce CC&Rs after selling all units
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- November 14 2011
This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&Rs) after it had sold all the units in the complex
Housing Accountability Act applies to more than just affordable housing developments
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- November 22 2011
Last week the 5th District Court of Appeal clarified that certain requirements of the Housing Accountability Act, Government Code Section 65589.5, are triggered by all housing developments, not just those that include affordable housing
Federal government's eminent domain power trumps California's sovereign public trust title
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- July 20 2012
The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy
