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Perspective

Oct. 16, 2009

Adding Some Bite to the Bark

K. Eric ("Rick") Friess and Bradford Kuhn of Nossaman says Guggenheim v. City of Goleta gives regulatory takings litigation some teeth.

PROPERTY

By K. Eric ("Rick") Friess and Bradford Kuhn

"All bark and no bite." Typically, that is a fair description of regulatory takings litigation: the litigation generates a lot of noise and gnashing of teeth but, at the end of the day, rarely are government agencies bitten with an order that they pay compensation. But a new opinion from the federal 9th Circuit Court of Appeals, Guggenheim v. City of Goleta (Sept. 28, 2009, Case No. 06-56306)...

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