U.S. Supreme Court,
Government
Jul. 24, 2019
High court decision is a game changer for land use litigation
Now that takings plaintiffs can immediately sue in federal court, many will no doubt choose to do so. Rightly or wrongly, superior court judges are believed to be sympathetic toward agencies in their jurisdictions.
Derek P. Cole
Partner, Co-Founder
Cole Huber LLP
2261 Lava Ridge Ct
Roseville , CA 95661-3034
Fax: (916) 780-9050
Email: dcole@colehuber.com
Derek specializes in municipal and environmental law, providing both advisory and litigation services.
MUNICIPAL MATTERS
For years, property-rights advocates have decried the U.S. Supreme Court's holding in Williamson County Regional Planning Com'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). This precedent, a mainstay of the court's takings jurisprudence, held that a regulatory taking claim in federal court -- one asserting a local agency's action "goes too far" -- is not ripe until the plaintiff exhausts state jud...
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