Posts tagged with: "▪-Inverse-condemnation"
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27 Jun 2023, 3:15 pm
In a published opinion filed June 13, 2023, the Second District Court of Appeal (Div. 8) affirmed the trial court’s judgment rejecting CEQA challenges to the City of Pomona’s (City) use of a statutory exemption – under Public Resources Code § 21083.3(a), (b) and CEQA Guidelines § 15183 – for its adoption of a zoning overlay district allowing commercial cannabis activities at specific locations within the City’s boundaries. [read post]
20 Jun 2023, 3:19 pm
PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. [read post]
20 Jun 2023, 8:42 am
In a published opinion filed June 9, 2023, the First District Court of Appeal (Div. 3) reversed the trial court’s judgment granting a writ of mandate in consolidated CEQA actions and upheld the adequacy of the UC Regents’ EIR for vegetation removal actions planned to occur within about 800 acres of hilly, forested and fire-prone land on UC Berkeley’s Hill Campus. [read post]
19 Jun 2023, 11:57 am
Robert Thomas has a helpful and detailed discussion of various aspects of this decision at the Inverse Condemnation blog. [read post]
15 Jun 2023, 12:10 pm
In a published opinion filed June 7, 2023, the Fifth District Court of Appeal held the trial court erred in applying California’s interrelated factors test to deny a preliminary injunction in a CEQA case. [read post]
12 Jun 2023, 9:26 am
The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, title insurance, environmental law and land use. [read post]
5 Jun 2023, 8:12 pm
At the Inverse Condemnation blog, property law specialist Robert Thomas notes that the case is relevant to the increasingly influential "property theory" of the Fourth Amendment, which holds that violations occur when the government engages in surveillance or searches that violate established property rights. [read post]
3 May 2023, 6:45 pm
The leaders of Ukraine and the five Nordic countries reiterated their unequivocal condemnation of Russia’s ongoing war of aggression against Ukraine. [read post]
17 Apr 2023, 6:00 am
When do planning activities for public projects go too far, and trigger inverse condemnation liability? [read post]
10 Apr 2023, 3:50 pm
Plaintiffs’ petition included three causes of action: Count I alleged inverse condemnation under Missouri state law, Count II asserted inverse condemnation under the U.S. [read post]
2 Apr 2023, 5:07 pm
The court therefore reversed the final summary judgment and the ruling that the County was entitled to summary judgment on count two for inverse condemnation and that Lake Lincoln was not entitled to partial summary judgment on count two. [read post]
1 Apr 2023, 6:00 am
Of particular interest to our readers, Brad Kuhn and Jillian Friess Leivas examine whether or not public agencies could face inverse condemnation liability for any flooding-related damages due to the recent storm ... [read post]
31 Mar 2023, 6:00 am
LEXIS 244), provides an excellent history on liability in these circumstances, and explains when natural watercourses, drainage improvements, and a public agency’s approval of development can trigger inverse ... [read post]
7 Feb 2023, 7:15 am
In Campo, a class of oyster producers are suing the United States for inverse condemnation. [read post]
30 Jan 2023, 6:58 am
That compensation is necessary to ensure that the condemned property owners not bear the burden of the taking on behalf of the public at large, which by definition enjoys the benefit of the taking. [read post]
7 Jan 2023, 11:46 am
SCOV reasons that the longer statute of limitations doesn’t apply here and that plaintiff’s takings claim is really an inverse-condemnation claim—six years and time’s up on this one. [read post]
29 Nov 2022, 5:00 am
Patrick has litigated actions involving the California Environmental Quality Act, the Subdivision Map Act, general plans, code enforcement and inverse condemnation. [read post]
19 Nov 2022, 2:40 pm
Indeed, our precedent precludes such an inversion of liability. [read post]
8 Nov 2022, 6:00 am
Does the new buyer have a cause of action for a taking -- or inverse condemnation -- for such pre-existing conditions? [read post]
12 Oct 2022, 8:44 pm
Typically, absent a physical taking of property, those construction impacts are not compensable under an inverse condemnation claim unless the property owner experiences a direct, substantial, and peculiar impact. [read post]
