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September 6, 2024

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California1 enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis under the Court’s “unconstitutional conditions doctrine” under Nollan v. Cali­fornia Coastal Commission2 and Dolan v. City of Tigard.3

June 28, 2024

A Contract Drafting Conundrum: Can a Real Property License Agreement Disclaim a Landlord-Tenant Relationship While Retaining the Summary Remedy of Unlawful Detainer for the Licensor-Owner?

A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the property through the summary proceeding of an unlawful detainer action.