U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Oct. 28, 2020
Access to federal courts still denied to property owners
Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litigation paid sufficient attention to the ways in which even such a clearly worded decision could be side-stepped.
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.
Here we go again. Nearly a year and a half ago, the U.S. Supreme Court ended a 34-year nightmare for property owners by overruling (in the strongest terms possible in the judicial arena) its decision in Williamson County Reg. Plan. Com. v. Hamilton Bank, 473 U.S. 172 (1985) (calling the decision "not just wrong [but] exceptionally ill founded [and] unworkable in practice."). See $95
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