U.S. Supreme Court,
Real Estate/Development
May 24, 2023
Legislative? Administrative? Constitutional? Land-use law is in disarray
It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most forgiving of governmental overreaching.
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.
Seven months ago, this column reviewed the recent Court of Appeal decision in Sheetz v. County of El Dorado, 84 Cal. App. 5th 394 (2022). The case involved the question of the ability of government agencies to exact property or money as a condition to the issuance of a land use permit. As a reminder, Mr. Sheetz wanted to construct a modest (1,854 square ...
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