February 23, 2009

U.S. Supreme Court Denies Review in Takings Case Against Commission

By U.S. Supreme Court Denies Review in Takings Case Against Commission

Today, the U.S. Supreme Court declined review of a troubling California Court of Appeal decision in Charles A. Pratt Construction Co. v. California Coastal Commission, 162 Cal. App. 4th 1068 (2008), a case PLF's Coastal Land Rights Project participated in as amicus.

The Court of Appeal decided, as a matter of law, that the Commission's designation of at least 80% of plaintiff's land as Environmentally Sensitive Habitat Area–and therefore undevelopable–did not give rise to a takings claim.  The Court's rationale?  Up to 20% of his land remained developable, so plaintiff shouldn't complain!  Put differently, the plaintiff would not even be permitted to prove his takings claim to a trial court, as the Supreme Court has held is required.  His takings claim was simply summarily dismissed.

The U.S. Supreme Court denied review of this published decision, allowing it to stand in California.  PLF submitted a brief in support of review.

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