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City Not Liable For Mayor's Alleged Improper Conduct

Gong v. City of Rosemead (May 20, 2014, B247601) -- Cal.App.4th --, a Court of Appeal declined to hold the City of Rosemead ("City") liable for the alleged tortious conduct of former mayor and City Council member John Tran...more

5/29/2014 - Appeals Building Permits City Councils Construction Permits Liability Personal Liability Real Estate Development Willful Misconduct

A Settlement Agreement's Liquidated Damages Clause That Bears No Reasonable Relationship To Actual Damages Constitutes An...

In Purcell v. Schweitzer (2014) 224 Cal.App.4th 969, the Court of Appeal disapproved of a settlement agreement providing the entire amount in dispute would be due if the debtor breached the agreement. The court determined...more

5/16/2014 - Debt Debtors Judicial Settlement Agreements Settlement Void and Unenforceable

City Not Liable for Flood Damage to Private Property After Court Determines City Acted Reasonably

In Biron v. City of Redding (April 30, 2014, C071094) --- Cal.App. 4th ----, the Court of Appeal declined to hold the City of Redding ("City") liable for flood damages caused to private property owned by Philip Biron, et al....more

5/6/2014 - Flooding Property Damage Severe Weather

Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

3/24/2014 - Eminent Domain Private Property Takings

Court Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial...

After over 35 years of advertising its business with a 35 foot pole sign, the Court of Appeal agreed with the City of West Sacramento that the time had come for U-Haul to reduce the sign's height to 12 feet in compliance with...more

3/21/2014 - Advertising Signs U-Haul

Requirement That Landowners Give Aircraft Overflight Easement Before Obtaining Building Permit Did Not Constitute a Taking of...

Landowners assert a requirement that they provide an aircraft overflight easement before obtaining a building permit constitutes a taking of their property without just compensation. The court of appeal held that the...more

2/3/2014 - Building Permits Easements Land Owners Takings

A Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land...

A city planned to realign a truck route and offered the landowners compensation that valued the property as undevelopable agricultural land instead of its current zoning of light industrial. The city reasoned that the...more

8/30/2013 - Condemnation Eminent Domain Jury Trial Land Developers Redevelopment Rough Proportionality Test

Owners of Condemned Property are Not Entitled to Precondemnation Damages When Decline in Property Value is Not Caused by Actions...

In People v. McNamara (--- Cal.Rptr.3d ----, Cal.App. 6 Dist., August 14, 2013), a California court of appeal considered whether the owners of property condemned by a state agency were entitled to precondemnation damages due...more

8/29/2013 - Condemnation Damages Department of Transportation Property Valuation

U.S. Supreme Court: Federal Nexus And Proportionality Analysis Applies To Land Use Permitting Fees And To Both Denial And Granting...

A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not...more

7/15/2013 - 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 Takings Wetlands

County’s Interpretation Of General Plan Amendment Amounted To Regulatory Taking

A county interpreted a voter-enacted amendment to its general plan to prohibit the completion of a self-storage facility on property owned by Lockaway Storage, a project that was in the works before the amendment went into...more

5/30/2013 - Attorney's Fees Ballot Measures Condemnation Fifth Amendment Takings

Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until...

A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California...more

5/13/2013 - CEQA Compliance Eminent Domain Environmental Impact Report Environmental Review

Officers Can Be Held Liable For Preventing An Ambulance That Contained A Shooting Victim From Leaving The Scene And For...

The federal court of appeals recently rejected certain public officials’ attempt to avoid liability by claiming qualified immunity. In that case, the parents and children of a shooting victim sued a county and individual...more

3/11/2013 - Domestic Violence Governmental Immunity Governmental Liability Immunity Police Misconduct Qualified Immunity

Repeated Seasonal Flooding Of Forest Land Authorized By Government May Qualify As A Taking of Property

The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...more

12/24/2012 - Arkansas Game & Fish v U.S. Fifth Amendment Flooding SCOTUS Takings

Supreme Court Reins In Court Of Appeal’s Attempt To Rewrite The Statutory Requirements For Presentation Of A Claim Against The...

A woman who allegedly suffered injury while being treated in a county-owned hospital delivered a notice of intent to sue to the risk management department of the hospital instead of the clerk, secretary, auditor or board of...more

12/21/2012 - Government Claims Service of Process

Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines...

A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more

12/10/2012 - Caltrans DOT v Dry Canyon Eminent Domain Just Compensation Loss of Goodwill Takings

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