This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Sep. 26, 2018

Justices will weigh takings law state court exhaustion requirement

On Oct. 3, the U.S. Supreme Court will hear oral argument in a case that could overturn precedent that has long been criticized as creating a procedural Catch-22 that impairs the ability of property owners to protect their constitutional rights in federal court.

Bryan W. Wenter

Shareholder
Miller Starr Regalia

Email: bryan.wenter@msrlegal.com

Bryan is a member of the firm's Land Use Department. His practice centers on land use and local government law, with a particular focus on obtaining and defending land use entitlements for a wide range of development projects, including in-fill, mixed-use, residential, retail/commercial, and industrial.

See more...

Justices will weigh takings law state court exhaustion requirement
Shutterstock

OT18

On Oct. 3, the U.S. Supreme Court will hear oral argument in Knick v. Township of Scott (17-647). The court's decision could overturn Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172 (1985), a case that has long been criticized as creating a procedural Catch-22 that impairs the ability of property owners to protect their constitutional rights in federal c...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up