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Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

USA - April 8 2021 In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal…

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of Labor Union Organizing Laws

USA - March 24 2021 During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a…

Game Changer: Public Agency Cannot Mandate Payment of Attorney Fees Under Indemnity Agreement Without Specific Statutory Authority

USA - March 8 2021 In a low-profile but important new decision, San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, __ Cal.App.5th __ (2021) (Case…

Supreme Court Again Declines to Hear Major Property Rights Case, Leaving in Place Hopelessly Muddled Takings Doctrine

USA - February 23 2021 As former U.S. Supreme Court Justice John Paul Stevens famously explained, more than 30 years ago, about the Supreme Court’s takings cases…

Landowner’s Efforts to Void and Redraw Subdivision Map Fails Under Laches Doctrine

USA - January 28 2021 The often invoked but rarely successful laches doctrine is an equitable defense when a party unreasonably delays enforcing a right and when granting…