May 2011

In order to avoid having your takings claim dismissed, your timing has to be just right. Unfortunately for Colony Cove Properties, LLC (“Colony Cove”), the timing was off, and its takings claim was dismissed by the court for being both too late (facial challenge) and too early (as-applied challenge).
Continue Reading Timing is Everything: Ninth Circuit Dismisses Takings Claims for Being Both Too Late and Too Early

A city ordinance that regulated the storage of recreational vehicles on residential property for aesthetic reasons was within the city’s constitutional police powers.
Continue Reading Regulation Of Recreational Vehicle Storage On Residential Property For Aesthetic Reasons Is Within A City’s Constitutional Police Powers

A prescriptive easement claimant does not have to show that claimant paid the taxes on a separately assessed railway easement that ran along the same land as the prescriptive easement because the two easements were not coextensive in use.
Continue Reading “Payment of Taxes May Be Required For A Prescriptive Easement, But Only If Defendant Can Prove The Easement Has Been Separately Assessed”