It’s no secret that California courts have been rather adventurous in finding ways around the rule that a permit condition must relate in both size and scope to development impact the condition is designed to mitigate. The nexus and proportionality tests—established by Nollan v. California Coastal Commission (1987) and Dolan v. City of Tiga ...
Recently we received a response to our amicus brief, filed in City of Perris v. Stamper, a case pending before the California Supreme Court. The National Federal of Independent Business joined us on the brief, which argued that cities can’t avoid paying fair market value for private property seized through creative general plan amendments. W ...