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Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Golden Gate University Law Review
This note sets forth the facts and procedural history of Suitum. The background of ripeness in the context of government regulation of land use and constitutional takings claims is examined in Section III. The major area of inquiry is the evolution and application of the Williamson County two hurdle, "final decision" and "state procedures," ripeness test. The analysis of both the Ninth Circuit opinion and the reversing United States Supreme Court opinion are presented in Section IV. Section V evaluates the differing positions of the Ninth Circuit and the Supreme Court regarding the application of the ripeness test to TDRs. …
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Golden Gate University Law Review
No abstract provided.