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Zoning, Planning and Use

Oct. 19, 1999

Uncharted Territory

^^Land Use Law^^ Uncharted Territory Takings Cases Don't Always Have to Be Tried Before a Jury The court found that where, as in 'Buckles,' there were no issues of disputed fact, it was proper to decide the matter on summary judgment.

        By Daniel J. Curtin Jr. and Janna A. Scott
        
        The first opportunity for the 9th U.S. Circuit Court of Appeals to evaluate the newly recognized right to a jury trial in a takings action, established by the U.S. Supreme Court in City of Monterey v. Del Monte Dunes, 119 S.Ct. 1624 (1999), arose in Buckles v. King Coun...

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