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California Environmental Quality Act Inverse Condemnation

Miller Starr Regalia

Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

Miller Starr Regalia on

In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

Miller Starr Regalia

City’s Mishandling of CEQA and Resulting Construction Delay Does Not Create Takings Liability

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In 2005, in Lingle v. Chevron U.S.A. Inc., the U.S. Supreme Court unanimously overruled the first prong of a regulatory takings test established 25 years earlier, in Agins v. City of Tiburon. ...more

Nossaman LLP

Improper CEQA Determination Does Not Trigger Regulatory Taking

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When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

Nossaman LLP

The Uniform Relocation Act Does Not Provide a Private Right of Action to Property Owners

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On March 7th, a U.S. District Court sided with the Federal Aviation Administration (FAA) on whether the Uniform Relocation Act (URA) provides private property owners with a private right of action: it does not. The Pacific...more

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