The court of appeal held that plaintiffs’ inverse condemnation and damages claims based on dredging in the bay adjacent to their properties was barred under the doctrine of res judicata based on a 1931 judgment conclusively establishing that the property alleged to have been taken or damaged was not owned by plaintiffs. SLPR, LLC v.
U.S. Supreme Court’s Knick Cemetery Decision Buries Williamson – Takings Claimants May Go Directly to Federal Courts
The United States Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims need not seek redress in state courts before pursuing a federal claim. Knick v. Township of Scott, No. 17–647 (U.S. S.Ct. Jun. 21, 2019).
The Knick decision arose from a
Court Invalidates San Jose Affordable Housing Ordinance
The California Building Industry Association scored a major victory recently when a San Jose judge threw out the city’s requirement that residential developers sell or rent a specified portion of newly-built homes to lower-income households. The court ruled the city had not shown a reasonable linkage between the impact of new development and the need