Update re: Local Governments Urge U.S. Supreme Court Not To Ignore “Givings” When Considering Unconstitutional “Takings”
The U.S. Supreme Court recently issued its decision in Sheetz v. County of El Dorado, examining whether the heightened takings analysis set forth in two previous cases applies to legislatively imposed development impact fees. A unanimous Court agreed that the Nollan /Dolan standard does apply. The Court remanded the case to the California state courts for further proceedings
Constitutional Limits to Abating Homeless Encampments, and Best Practices for a Cooperative Approach
California is home to nearly one-fourth of the nation’s unhoused population, and homelessness in California continues to rise. For example, according to the U.S. Dept. of Housing and Urban Development, from 2019 to 2022, California’s unhoused population increased from approximately 151,000 to 171,000. Of the 171,000 unhoused individuals counted in 2022, 67%, or 115,000 persons, […]
Mobile Home Rent Control Upheld Against Takings Challenge
Photo credit: Sarah Schwartz The firm obtains a ruling by the Ninth Circuit overturning a multi-million dollar jury verdict against the City of Carson in a regulatory takings challenge to a mobile home rent control ordinance, preserving affordable homes. (Colony Cove Properties, LLC v. City of Carson, 888 F.3d 445 (9th Cir. 2018).)
Ninth Circuit Provides Further Clarity on the Limits of Regulatory Takings
On April 23, 2018, in Colony Cove Properties, LLC v. City of Carson, the Ninth Circuit Court of Appeals reaffirmed the broad leeway local governments have to regulate the use of property without causing a “taking” under the under the Takings Clause of the Fifth Amendment. The court reversed a nearly $8 million jury verdict […]
SMW Advises Orinda Throughout Wilder Development Process
The Art & Garden Center opens at the Wilder playfields in Orinda in 2016 — a substantial community amenity resulting from a Development Agreement negotiated by the firm following its successful defense of a takings case brought by the developer against the City.
Takings Challenge to Mobile Home Rent Control Defeated
The firm obtains a landmark ruling from the Ninth Circuit, en banc, rejecting constitutional challenges to Goleta’s mobile home rent control ordinance, protecting an important source of affordable housing and preventing displacement. (Guggenheim v. City of Goleta, 638 F.3d 1111 (2010).)
Protected: Protection of Affordable Housing in San Francisco
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Court Upholds Lake Tahoe Scenic Regulations
Representing the Tahoe Regional Planning Agency, the firm secures a federal court victory in a regulatory takings challenge to TRPA’s scenic regulations that apply to development on Lake Tahoe. (Committee for Reasonable Regulation of Lake Tahoe v. TRPA, 311 F.Supp.2d 972 (2004).)
Protected: Lake Tahoe Development Moratorium Upheld
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Protected: SMW Defends the City of Lafayette in Complex Land Use Litigation
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