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layton@smwlaw.com

Fran M. Layton

Fran M. Layton joined Shute, Mihaly & Weinberger in 1983 and is a partner with the firm. She received her law degree from Boalt Hall School of Law and was a judicial extern for D.C. Circuit Chief Judge David Bazelon. She subsequently practiced with the Washington, D.C. firm of Wald, Harkrader & Ross before joining the firm.

Ms. Layton specializes in all aspects of environmental, land use, natural resources, and government law. Her practice includes the representation of both public entities and public interest clients throughout California, with an emphasis on takings, environmental, and planning issues.

She has extensive litigation experience and has defended numerous public agencies in several precedent-setting takings actions in both federal and state courts, including Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, St. Clair v. City of Chico, De Anza v. County of Santa Cruz, Santa Fe Land Improvement Co. v. City of Berkeley, Barancik v. County of Marin, Toigo v. Town of Ross, and Hayward Exchange, Inc. v. City of Oakland and East Bay Regional Park District. In addition, Ms. Layton has authored amicus briefs in both the United States and California Supreme Courts on takings issues, including Yee v. City of Escondido, Nollan v. California Coastal Commission and Hensler v. City of Glendale.

Ms. Layton has lectured and written extensively on regulatory takings issues, including publications in the California Environmental Reporter and the Land Use Forum (CEB). She is one of the co-founders of the Community Land Use Project of California and is a former advisor to the Environmental Law Section of the State Bar of California.

Ms. Layton is a member of the Bars of California, the District of Columbia (inactive), the U.S. Supreme Court, the U.S. Circuit Court of Appeals for the D.C. and Ninth Circuits, and the U.S. District Court for the D.C. District and the Northern and Central Districts of California.

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