Constitutional Law,
Civil Litigation
Oct. 26, 2021
An invalid targeted taking
The moral of this little story should not be lost on regulatory bodies: Be fair. Enact general ordinances that apply across the board. Leave property owners with economically productive uses.
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.
Some cases present a multitude of issues. Each of the issues in South Grande View Dev. Co., Inc. v. City of Alabaster, 1 F.4th 1299 (11th Cir. 2021), could have warranted a separate column, but the courts got them all at once and we will deal with the most prominent.
The plaintiff property owner (referred to in the opinion as SGV) bought 547 acres of land and proceeded to develop the property a...
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