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Land Use,
Constitutional Law

May 18, 2021

Over-reaching regulation squelched

Assume you bought a vacant parcel of land in an area built out with single family homes. Assume further that this is a coastal view site in a highly sought-after community. You would probably think you could develop your lot in a similar fashion to your neighbors and that the local regulators would cooperate in that process.

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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TAKINGS TALK

Assume you bought a vacant parcel of land in an area built out with single family homes. Assume further that this is a coastal view site in a highly sought-after community. You would probably think you could develop your lot in a similar fashion to your neighbors and that the local regulators would cooperate in that process.

That is what Thomas Felkay probably thought. But he was wrong. Indeed, he was so wrong that...

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