by Jake Madden on June 26, 2019
posted in
Recent Court Decisions, U.S. Supreme Court,
On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court.
In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
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tags:
Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,
by Derek P. Cole on October 2, 2016
posted in
Inverse Condemnation, Recent Court Decisions,
In what can only be described as a classic example of a “First World problem,” a Beverly Hills couple sued their city for ruining their beautiful views. From their hilltop estate, the coupled had for years enjoyed unobstructed views of Beverly Hills, the Hollywood Hills, and other iconic Southern California landmarks. But when Sequoia redwood trees the city had planted many years earlier began taking on their customary sizes, the tree canopy started blocking the couple’s view. Because of the diminished view—which was getting worse as the trees grew—the couple sued the city for inverse ... Continue Reading
tags:
Beverly Hills, Boxer, Inverse Condemnation, View Obstruction,
by Derek P. Cole on August 20, 2014
posted in
Inverse Condemnation, Public Works, Streets and Sidewalks,
If a tree falls in the middle of a forest when no one is around, one can debate whether it makes a sound. But if a city-owned tree falls on private property and causes damage, the city’s liability cannot be debated. So ruled a court on August 14, 2014.
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tags:
Inverse Condemnation, Public Beautification Programs, Streets, Trees,
