U.S. Supreme Court,
Land Use,
Constitutional Law
Jul. 26, 2023
Who benefits from delay?
We are seeing a growing number of land use cases that seem to fall under this rubric. And I wonder why that should be so.
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.
I once had a friend who pronounced that, for his clients (and I will refrain from mentioning the field of law in which he practiced), “justice delayed … is justice.” We are seeing a growing number of land use cases that seem to fall under this rubric. And I wonder why that should be so.
Fifty years ago, the California Supreme Court pronounced that “excessive delay” following the announcement of a condemnation project, or “other unreasonable...
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