Author: Luke A. Wake
The California Supreme Court denied San Diego County's petition for the depublication of Howard v. San Diego this week. PLF helped secure a victory for property rights in that case this spring; however, the decision was originally unpublished. We initially petitioned the court to publish the decision because it provides guidance as to when a takings claim has ripened. More importantly, the case makes clear that government can't require landowners to resort to the political process before having their day in court to challenge the taking of their property.
After the Court granted our request for publication the County petitioned the Supreme Court for depublication. With the denial of the County's petition for depublication, PLF has succeeded in establishing precedent that will make it easier for landowners to bring takings cases.