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California Lawyers Association: California Real Property Journal Vol. 42, NO.1, 2024 – “Top Ten Real Property Cases Of 2023”

2024-09-17T18:50:00+00:00

Each year, we grapple with how to select the top ten real estate cases for our annual overview.

California Lawyers Association: California Real Property Journal Vol. 40, NO.1, 2022 – “Top Ten Real Property Cases of 2022”

2022-06-09T18:58:00+00:00

Each year, it is a real challenge to select the top ten real estate cases for our annual overview.

California Lawyers Association: California Real Property Journal Vol. 39, NO.1, 2021 – “Top Ten Real Property Cases of 2021”

2021-05-01T17:38:00+00:00

As always, it can be challenging to select the top ten real estate cases for our annual overview.

Daily Journal Article: Justices Wrestle With Line Drawing In Big Property Rights Case

2021-03-26T01:21:00+00:00

The Supreme Court heard arguments on Monday, March 22, 2021 in a case (Cedar Point Nursery v. Hassid) that will decide whether allowing union organizers to enter an employee’s private property constitutes a taking.

California Lawyers Association (CLA) Real Property Law E-Bulletin article: “Navigating Land Use Permitting During A Pandemic”

2020-07-15T19:00:00+00:00

As of the date of this article, we are in week 18 of the shelter-in-place (SIP) order first issued by the State of California Public Health Officer on March 18. In the early days of the pandemic, land use development immediately saw construction halted, planning departments shut down, and permit processing paused. We saw wide disparities among jurisdictions throughout California as to the strictness of SIP orders, restrictions on active construction projects, and the availability of online permit processing tools. Below is a summary of some of the specific challenges attributable to the SIP orders in the areas of construction, due diligence, and land use permitting, as well as updates on how things have evolved over the past four months.

Frivolous Lawsuits and Motions: What Do We Do with Them, and What Should We Do with Them?

2017-10-01T00:00:00+00:00

Nearly everyone would likely agree that a truly frivolous lawsuit or court motion is a bad thing – except the person filing it. In other words, for most people frivolous tactics are a nightmare, while for a few they are a business model.

U.S. Supreme Court Denies Review of California Supreme Court Decision Upholding San Jose Inclusionary Housing Ordinance

2016-03-03T00:00:00+00:00

To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years.

Will The Supreme Court Loosen The Reins On Regulatory Takings Claims?

2016-02-17T00:00:00+00:00

It is an understatement to say that pursuing a claim against the government for a Fifth Amendment regulatory taking is difficult.

What To Know About Coastal Projects

2015-06-08T00:00:00+00:00

Projects in coastal zones are more complicated because there will likely be a coastal land-use plan and the coastal commission can influence whether they go forward.

Warning To Property Owners: “Neighborly” Accommodations May Result In Losing Property Rights

2015-05-11T00:00:00+00:00

If a landowner allows someone to use his or her property, that neighborly accommodation may ripen into a permanent easement-type property interest across the property.