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May 2011
Timing is Everything: Ninth Circuit Dismisses Takings Claims for Being Both Too Late and Too Early
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).
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Regulation Of Recreational Vehicle Storage On Residential Property For Aesthetic Reasons Is Within A City’s Constitutional Police Powers
A city ordinance that regulated the storage of recreational vehicles on residential property for aesthetic reasons was within the city’s constitutional police powers.
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CEQA Remedies for CEQA Sins
The Fifth Appellate District rules that CEQA’s severance provision does not allow a trial court to leave a project approval in place once the trial court finds an error in the EIR.
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“Payment of Taxes May Be Required For A Prescriptive Easement, But Only If Defendant Can Prove The Easement Has Been Separately Assessed”
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”