Zoning, Planning & Land Use Residential Real Estate Civil Remedies

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Homeowners Cannot Recover for Blocked Views of Hollywood Sign

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out...more

Supreme Court of South Carolina sides with MERS in Kubic v. MERSCORP Holdings, Inc.

On March 30 2016, the Supreme Court of South Carolina weighed in on the attempts of several South Carolina counties to make Mortgage Electronic Registrations Systems, Inc. (MERS), and its member banks pay for the correction...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36040, AC36270 - Barton v. Norwalk - Congratulations to Elliott B. Pollack and Tiffany K. Spinella on their big win before the Appellate Court. This decision upheld a...more

The sky’s the limit…

What would you do if; - ..your property development business had obtained planning permission to construct a 62 storey tower comprising 200,714 sq.m; ..you had secured funding in principle to commence the...more

Texas Supreme Court: Improper Application of Project-Influence Rule Resulted in Harmful Error

The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson...more

Regulatory Takings Cases and the Relevant Parcel: Murr v. Wisconsin

This summer, in Murr v. Wisconsin, the United States Supreme Court will make an important decision on property rights and regulatory takings under the Takings Clause of the Fifth Amendment of the U.S. Constitution. At issue...more

2,000sf Game Room, in Violation of Building Code, Not Protected By RLUIPA

Plaintiff Michael Salman wanted to hold Bible studies in his home and nothing, not even the prospects of a Phoenix municipal enforcement action, 60 days in jail, and $12,000 in fines would stop him. In 2007, Salman’s...more

Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By...

In a published opinion filed January 26, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) reversed a trial court’s order denying CEQA plaintiffs’ motion to amend judgments entered four (4) years...more

Possible Chicanery by DTE On Milford Bypass Loop Pipeline?

Has DTE withheld distribution of complete easements, including the exhibit containing the legal description of the encumbered property, in an attempt to hide the true impacts of the easements from homeowners? Last night, I...more

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

School district’s condemnation of a private road passes the test

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Legal Ramifications of the Bedbug Renaissance

Recently, several states and municipalities have increased landlords’ responsibility pertaining to prevention, disclosure and treatment of bedbugs in their housing units. As many unfortunately know, controlling a bedbug...more

Five Surprising Facts About the Inclusive Communities Case

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

Real News - Spring 2015

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...more

First Appellate District Court Expands Recorded Easement By Granting Implied License

On January 28, 2015, in Richardson v. Franc, 14 C.D.O.S 941 (2015), the Court of Appeal for the First Appellate District ruled in favor of an easement holder by granting an irrevocable license permitting additional...more

The New Jersey Supreme Court has reopened the doors to Affordable Housing Litigation

The New Jersey Supreme Court has unanimously held that the administrative process run by COAH in which municipalities show compliance with affordable housing obligations is no longer working and municipalities are no longer...more

Appellate Court Notes

SC18928 - Rathbun v. Health Net of the Northeast, Inc. - In Connecticut, the Department of Social Services manages the federal Medicaid act and awards contracts to Medicaid managed health care providers. The defendant...more

Injunctive Relief for Building Encroachment. Do I Have to Move the House?

When a land owner mistakenly builds a house or other building or structure that encroaches on a neighbor’s property, what is the remedy? Does the offending land owner have to physically remove the structure from the...more

California Supreme Court Grants Review of Coastal Act Decision with Takings Implications

In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions “under protest” and expressly...more

The Limits of CEQA Mitigation – Recent Judicial Applications of Nollan and Dolan

Perhaps foremost among the judicially recognized fundamental constraints on lead agencies’ power to impose various types of mitigation measures on project approvals in the CEQA process is the “doctrine of unconstitutional...more

Eminent Domain Begins for County of Sacramento Road Projects

As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

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