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Jan. 30, 2019

The case of the public pissoir

This month we’ll take a step back from takings law to discuss a strange case involving a three-inch hole installed in San Francisco’s Mission Delores Park.

Michael M. Berger

Senior Counsel
Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.

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The case of the public pissoir
Mission Delores Park in San Francisco. A "three-inch hole in the center of a three-foot diameter concrete base for public urination" led to a lawsuit, which was ultimately dismissed. (Shutterstock)

TAKINGS TALK

I am going to skip our usual examination of the most recent regulatory takings cases because there is a fascinating land use case that comes to us from San Francisco. The French have added many things to our culture over the years, but this -- at least as to its appearance in an appellate opinion -- is a new one in this country. It is actually a pretty self-descriptive term that most people could probably figure out without the ne...

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