Mobile Home Rent Control Upheld Against Takings Challenge
Photo credit: Sarah Schwartz The firm obtains a ruling by the Ninth Circuit overturning a multi-million dollar jury verdict against the City of Carson in a regulatory takings challenge to a mobile home rent control ordinance, preserving affordable homes. (Colony Cove Properties, LLC v. City of Carson, 888 F.3d 445 (9th Cir. 2018).)
Ninth Circuit Provides Further Clarity on the Limits of Regulatory Takings
On April 23, 2018, in Colony Cove Properties, LLC v. City of Carson, the Ninth Circuit Court of Appeals reaffirmed the broad leeway local governments have to regulate the use of property without causing a “taking” under the under the Takings Clause of the Fifth Amendment. The court reversed a nearly $8 million jury verdict […]
SMW Advises Orinda Throughout Wilder Development Process
The Art & Garden Center opens at the Wilder playfields in Orinda in 2016 — a substantial community amenity resulting from a Development Agreement negotiated by the firm following its successful defense of a takings case brought by the developer against the City.
Takings Challenge to Mobile Home Rent Control Defeated
The firm obtains a landmark ruling from the Ninth Circuit, en banc, rejecting constitutional challenges to Goleta’s mobile home rent control ordinance, protecting an important source of affordable housing and preventing displacement. (Guggenheim v. City of Goleta, 638 F.3d 1111 (2010).)
Protected: Protection of Affordable Housing in San Francisco
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Court Upholds Lake Tahoe Scenic Regulations
Representing the Tahoe Regional Planning Agency, the firm secures a federal court victory in a regulatory takings challenge to TRPA’s scenic regulations that apply to development on Lake Tahoe. (Committee for Reasonable Regulation of Lake Tahoe v. TRPA, 311 F.Supp.2d 972 (2004).)
Protected: Lake Tahoe Development Moratorium Upheld
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Protected: SMW Defends the City of Lafayette in Complex Land Use Litigation
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Protected: Appellate Court Rejects Takings Challenge to Denial of Hillside Subdivision
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Challenge to Santa Cruz County’s Mobile Home Rent Control Ordinance Is Time Barred
The firm prevails in arguing that the mobile home park owner’s cause of action accrued when the County enacted the mobile home rent control ordinance, not when the ordinance was later amended or each time that a mobile home is sold to a new tenant. (De Anza Properties X v. County of Santa Cruz, 936 […]