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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 Taking

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 - Damages Domestic Violence 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 Taking

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 Taking

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