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Unlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use – Second...

A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held...more

11/3/2014 - California Coastal Commission Collateral Estoppel Construction Permits Easements Permits Property Owners

Bright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on...

Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ___Cal.App.2nd___,...more

4/17/2014 - Collateral Estoppel Environmental Policies Nollan v California Coastal Commission Permits

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

7/12/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Wetlands

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