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.
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...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In