Also: Statute of limitations on the Mitigation Fee Act, a request to depublish the Millenium Hollywood case, and the U.S. Supreme decline to hear a takings case from Massachusetts involving a local wetlands ordinance.
The U.S. Supreme Court decided on Monday not take the appeal in California Building Industry Association v. City of San Jose, the case in which the California Supreme Court upheld San Jose's inclusionary housing requirement. But the court was not completely silent.
In concurring with the decision to pass on the case - a decision that not accompanied by a written opinion by the court -- Justice Clarence Thomas said he believes that the question of whether disproportionate exactions can be imposed on developers in legislative actions - as opposed to quasi-judicial action - is not settled. >>read more
Thirty years ago, in his first big majority opinion -- a land-use case from the California coast -- Antonin Scalia found the colorful and irreverent style that came to distinguish his career on the Supreme Court. And with one clean swipe, he knocked William Brennan out of the box and became the intellectual leader of the court. >>read more
In a 61-page opinion, the Third District Court of Appeal has ruled that the Department of Fish & Wildlife's actions in managing coastal flooding around Lake Tolowa and Lake Earl in Del Norte County constituted a physical taking of the adjacent landowners' property.
However, the Third District also ruled that the regulatory processes that led to the periodic flooding of the nearby property did not constitute a regulatory taking on the part of the Coastal Commission.
The case involves the Pacific Shores subdivision in Del Norte County, located along the beach just a few miles south of the Oregon border. The 1,500-lot subdivision itself was approved in 1963. Infrastructure such as roads is in place. But no homes have ever been built on the property, partly because the Coastal Commission has never approved a local coastal program land use plan for the area. >>read more