Land Use,
Civil Litigation,
California Supreme Court
Jul. 27, 2020
Ruling draws artificial distinction between eminent domain and inverse condemnation
The court’s rationale is that motions under that statute are limited to eminent domain actions and other remedies, such as summary judgment motions are available. The Weiss decision is logically flawed and will inevitably result in waste of precious judicial resources.
Mark S. Roth
Member
Cozen O'Connor
Email: mroth@cozen.com
Mark is a former office managing partner of the Los Angeles office of Cozen O'Connor, which he opened when he joined the firm in 1995.
The California Supreme Court, in Weiss v. People ex re. Department of Transportation, 2020 DJAR 7352 (July 16, 2020), has once again stormed the gates of inverse condemnation, holding that motions under Code of Civil Procedure Section 1260.040 are inapplicable in such actions. The court's rationale is that motions under that statute are limite...
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