first
lutheran
church
los
angeles
county
argued
january
decided
june
appellant
church
purchased
land
operated
campground
known
lutherglen
retreat
center
recreational
area
handicapped
children
land
located
canyon
along
banks
creek
natural
drainage
channel
watershed
area
flood
destroyed
lutherglen
buildings
response
flood
appellee
los
angeles
county
adopted
interim
ordinance
prohibiting
construction
reconstruction
building
structure
interim
flood
protection
area
included
land
lutherglen
stood
shortly
ordinance
adopted
appellant
filed
suit
california
alleging
inter
alia
ordinance
denied
appellant
use
lutherglen
seeking
recover
damages
inverse
condemnation
loss
use
granted
motion
strike
allegation
basing
ruling
agins
tiburon
cal
aff
grounds
california
held
landowner
may
maintain
inverse
condemnation
suit
based
upon
regulatory
taking
compensation
required
challenged
regulation
ordinance
held
excessive
action
declaratory
relief
writ
mandamus
government
nevertheless
decided
continue
regulation
effect
appellant
alleged
regulatory
taking
sought
damages
trial
deemed
allegation
ordinance
denied
use
lutherglen
irrelevant
california
appeal
affirmed
held
claim
agins
case
improperly
held
compensation
clause
fifth
amendment
require
compensation
remedy
temporary
regulatory
takings
regulatory
takings
ultimately
invalidated
courts
properly
presented
case
earlier
cases
unable
reach
question
either
regulations
considered
issue
state
courts
effect
taking
factual
disputes
yet
resolved
state
authorities
might
still
lead
conclusion
taking
occurred
california
appeal
assumed
complaint
sought
damages
uncompensated
taking
use
lutherglen
ordinance
relied
california
agins
decision
conclusion
remedy
taking
limited
nonmonetary
relief
thus
isolating
remedial
question
consideration
macdonald
sommer
frates
yolo
county
williamson
county
regional
planning
hamilton
bank
san
diego
gas
electric
san
diego
agins
distinguished
pp
compensation
clause
government
taken
property
regulation
landowner
may
recover
damages
time
finally
determined
regulation
constitutes
taking
property
clause
designed
limit
governmental
interference
property
rights
per
se
rather
secure
compensation
event
otherwise
proper
interference
amounting
taking
landowner
entitled
bring
action
inverse
condemnation
result
character
constitutional
provision
respect
compensation
typical
taking
occurs
government
acts
condemn
property
exercise
power
eminent
domain
doctrine
inverse
condemnation
predicated
proposition
taking
may
occur
without
formal
proceedings
temporary
regulatory
takings
deny
landowner
use
property
different
kind
permanent
takings
constitution
clearly
requires
compensation
determines
taking
occurred
government
retains
whole
range
options
already
available
amendment
regulation
withdrawal
invalidated
regulation
exercise
eminent
domain
government
activities
already
worked
taking
use
property
subsequent
action
government
relieve
duty
provide
compensation
period
taking
effective
invalidation
ordinance
without
payment
fair
value
use
property
period
constitutionally
insufficient
remedy
pp
rehnquist
delivered
opinion
brennan
white
marshall
powell
scalia
joined
stevens
filed
dissenting
opinion
parts
iii
blackmun
joined
post
michael
berger
argued
cause
appellant
briefs
jerrold
fadem
jack
white
argued
cause
appellee
brief
dewitt
clinton
charles
moore
darlene
fischer
briefs
amici
curiae
urging
reversal
filed
american
college
real
estate
lawyers
robert
hetlage
david
richards
eugene
morris
john
trevaskis
california
association
realtors
william
pfeiffer
california
building
industry
association
gideon
kanner
national
association
home
builders
kenneth
bley
gus
bauman
national
association
realtors
william
north
pacific
legal
foundation
et
al
ronald
zumbrun
robert
best
briefs
amici
curiae
urging
affirmance
filed
solicitor
general
fried
assistant
attorney
general
habicht
deputy
solicitor
general
ayer
deputy
assistant
attorneys
general
marzulla
hookano
kmiec
edwin
kneedler
peter
steenland
state
california
et
al
john
van
de
kamp
attorney
general
california
andrea
sheridan
ordin
chief
assistant
attorney
general
richard
jacobs
gregory
taylor
theodora
berger
assistant
attorneys
general
craig
thompson
richard
frank
deputy
attorneys
general
joined
attorneys
general
respective
follows
harold
brown
alaska
john
steven
clark
arkansas
jim
smith
florida
corinne
watanabe
hawaii
neil
hartigan
illinois
james
tierney
maine
francis
bellotti
massachusetts
hubert
humphrey
iii
minnesota
edwin
pittman
mississippi
william
webster
missouri
stephen
merrill
new
hampshire
robert
abrams
new
york
nicholas
spaeth
north
dakota
michael
turpin
oklahoma
travis
medlock
south
carolina
mark
meierhenry
south
dakota
jim
maddox
texas
david
wilkinson
utah
jeffrey
amestoy
vermont
mary
sue
terry
virginia
kenneth
eikenberry
washington
archie
mcclintock
wyoming
hector
rivera
cruz
puerto
rico
city
los
angeles
et
al
gary
netzer
claudia
mcgee
henry
anthony
saul
alperin
national
association
counties
et
al
benna
ruth
solomon
joyce
holmes
benjamin
beate
bloch
conservation
foundation
et
al
fred
bosselman
elizabeth
merritt
chief
justice
rehnquist
delivered
opinion
case
california
appeal
held
landowner
claims
property
taken
regulation
may
recover
damages
time
finally
determined
regulation
constitutes
taking
property
disagree
conclude
circumstances
fifth
fourteenth
amendments
constitution
require
compensation
period
appellant
first
english
evangelical
lutheran
church
purchased
parcel
land
canyon
along
banks
middle
fork
mill
creek
angeles
national
forest
middle
fork
natural
drainage
channel
watershed
area
owned
national
forest
service
twelve
acres
owned
church
flat
land
contained
dining
hall
two
bunkhouses
caretaker
lodge
outdoor
chapel
footbridge
across
creek
church
operated
site
campground
known
lutherglen
retreat
center
recreational
area
handicapped
children
july
forest
fire
denuded
hills
upstream
lutherglen
destroying
approximately
acres
watershed
area
creating
serious
flood
hazard
flooding
occurred
february
storm
dropped
inches
rain
watershed
runoff
storm
overflowed
banks
mill
creek
flooding
lutherglen
destroying
buildings
response
flooding
canyon
appellee
county
los
angeles
adopted
interim
ordinance
january
ordinance
provided
person
shall
construct
reconstruct
place
enlarge
building
structure
portion
located
within
outer
boundary
lines
interim
flood
protection
area
located
mill
creek
canyon
app
juris
statement
ordinance
effective
immediately
county
determined
required
immediate
preservation
public
health
safety
interim
flood
protection
area
described
ordinance
included
flat
areas
either
side
mill
creek
lutherglen
stood
church
filed
complaint
superior
california
little
month
ordinance
adopted
subsequently
amended
complaint
alleged
two
claims
county
los
angeles
county
flood
control
district
first
alleged
defendants
liable
cal
govt
code
ann
west
dangerous
conditions
upstream
properties
contributed
flooding
lutherglen
part
claim
appellant
also
alleged
ordinance
denies
appellant
use
lutherglen
app
second
claim
sought
recover
flood
control
district
inverse
condemnation
tort
engaging
cloud
seeding
storm
flooded
lutherglen
appellant
sought
damages
count
loss
use
lutherglen
defendants
moved
strike
portions
complaint
alleging
county
ordinance
denied
use
lutherglen
view
california
decision
agins
tiburon
cal
aff
grounds
rendered
allegation
entirely
immaterial
irrelevant
bearing
upon
conceivable
cause
action
herein
app
see
cal
civ
proc
code
ann
west
supp
may
trike
irrelevant
false
improper
matter
inserted
pleading
agins
tiburon
supra
california
decided
landowner
may
maintain
inverse
condemnation
suit
courts
state
based
upon
regulatory
taking
cal
view
maintenance
suit
allow
landowner
force
legislature
exercise
power
eminent
domain
decision
compensation
required
challenged
regulation
ordinance
held
excessive
action
declaratory
relief
writ
mandamus
government
nevertheless
decided
continue
regulation
effect
based
decision
trial
present
case
granted
motion
strike
allegation
church
denied
use
lutherglen
explained
careful
rereading
agins
case
persuades
ordinance
even
ordinance
deprives
person
total
use
lands
challenge
ordinance
way
declaratory
relief
possibly
mandamus
app
appellant
alleged
regulatory
taking
sought
damages
allegation
ordinance
denied
use
lutherglen
deemed
irrelevant
appeal
california
appeal
read
complaint
one
seeking
damages
uncompensated
taking
use
lutherglen
county
ordinance
app
juris
statement
relied
california
decision
agins
rejecting
cause
action
declining
appellant
invitation
reevaluate
agins
light
opinions
san
diego
gas
electric
san
diego
found
obligated
follow
agins
yet
ruled
question
whether
state
may
constitutionally
limit
remedy
taking
nonmonetary
relief
app
juris
statement
accordingly
affirmed
trial
decision
strike
allegations
concerning
appellee
ordinance
california
denied
review
appeal
followed
noted
probable
jurisdiction
appellant
asks
us
hold
california
erred
agins
tiburon
determining
fifth
amendment
made
applicable
fourteenth
amendment
require
compensation
remedy
temporary
regulatory
takings
regulatory
takings
ultimately
invalidated
courts
four
times
decade
considered
similar
claims
found
one
reason
another
unable
consider
merits
agins
rule
see
macdonald
sommer
frates
yolo
county
williamson
county
regional
planning
hamilton
bank
san
diego
gas
electric
supra
agins
tiburon
supra
reasons
explained
however
find
constitutional
claim
properly
presented
case
hold
facts
california
courts
decided
compensation
question
inconsistently
requirements
fifth
amendment
concerns
finality
left
us
unable
reach
remedial
question
earlier
cases
asked
consider
rule
agins
see
macdonald
sommer
frates
supra
summarizing
cases
cases
concluded
either
regulations
considered
issue
state
effect
taking
agins
tiburon
factual
disputes
yet
resolved
state
authorities
might
still
lead
conclusion
taking
occurred
macdonald
sommer
frates
supra
williamson
county
supra
san
diego
gas
electric
supra
consideration
remedial
question
circumstances
concluded
premature
posture
present
case
quite
different
appellant
complaint
alleged
ordinance
denies
use
lutherglen
sought
damages
deprivation
app
affirming
decision
strike
allegation
appeal
assumed
complaint
sought
damages
uncompensated
taking
use
lutherglen
county
ordinance
app
juris
statement
emphasis
added
relied
california
agins
decision
conclusion
remedy
taking
limited
nonmonetary
relief
app
juris
statement
emphasis
added
disposition
case
grounds
isolates
remedial
question
consideration
rejection
appellant
allegations
rest
view
false
cf
macdonald
sommer
frates
supra
california
rejected
allegation
complaint
appellant
deprived
beneficial
use
property
agins
tiburon
supra
rely
theory
regulatory
measures
ordinance
may
never
constitute
taking
constitutional
sense
instead
claims
deemed
irrelevant
solely
california
decision
agins
damages
unavailable
redress
temporary
regulatory
taking
california
appeal
thus
held
regardless
correctness
appellant
claim
challenged
ordinance
denies
use
lutherglen
appellant
may
recover
damages
ordinance
finally
declared
unconstitutional
period
declaration
county
seeks
enforce
constitutional
question
pretermitted
earlier
cases
therefore
squarely
presented
reject
appellee
suggestion
regardless
state
treatment
question
must
independently
evaluate
adequacy
complaint
resolve
takings
claim
merits
reach
remedial
question
however
cryptic
use
appellee
description
allegations
respect
taking
california
courts
deemed
sufficient
present
issue
accordingly
occasion
decide
whether
ordinance
issue
actually
denied
appellant
use
property
whether
county
might
avoid
conclusion
compensable
taking
occurred
establishing
denial
use
insulated
part
state
authority
enact
safety
regulations
see
goldblatt
hempstead
hadacheck
sebastian
mugler
kansas
questions
course
remain
open
decision
remand
direct
today
turn
question
whether
compensation
clause
requires
government
pay
temporary
regulatory
takings
ii
consideration
compensation
question
must
begin
direct
reference
language
fifth
amendment
provides
relevant
part
private
property
shall
taken
public
use
without
compensation
language
indicates
frequently
noted
provision
prohibit
taking
private
property
instead
places
condition
exercise
power
see
williamson
county
hodel
virginia
surface
mining
reclamation
hurley
kincaid
monongahela
navigation
jones
basic
understanding
amendment
makes
clear
designed
limit
governmental
interference
property
rights
per
se
rather
secure
compensation
event
otherwise
proper
interference
amounting
taking
thus
government
action
works
taking
property
rights
necessarily
implicates
constitutional
obligation
pay
compensation
armstrong
recognized
landowner
entitled
bring
action
inverse
condemnation
result
character
constitutional
provision
respect
compensation
clarke
quoting
nichols
eminent
domain
rev
ed
noted
justice
brennan
dissent
san
diego
gas
electric
established
least
since
jacobs
claims
compensation
grounded
constitution
suits
based
right
recover
compensation
property
taken
public
use
exercise
power
eminent
domain
right
guaranteed
constitution
fact
condemnation
proceedings
instituted
right
asserted
suits
owners
change
essential
nature
claim
form
remedy
qualify
right
rested
upon
fifth
amendment
statutory
recognition
necessary
promise
pay
necessary
promise
implied
duty
pay
imposed
amendment
suits
thus
founded
upon
constitution
emphasis
added
also
established
doctrine
least
since
justice
holmes
opinion
pennsylvania
coal
mahon
general
rule
least
property
may
regulated
certain
extent
regulation
goes
far
recognized
taking
typical
taking
occurs
government
acts
condemn
property
exercise
power
eminent
domain
entire
doctrine
inverse
condemnation
predicated
proposition
taking
may
occur
without
formal
proceedings
pumpelly
green
bay
wall
construing
provision
wisconsin
constitution
identical
compensation
clause
said
curious
unsatisfactory
result
shall
held
government
refrains
absolute
conversion
real
property
uses
public
destroy
value
entirely
inflict
irreparable
permanent
injury
extent
effect
subject
total
destruction
without
making
compensation
narrowest
sense
word
taken
public
use
california
may
actually
disavowed
general
rule
agins
believe
truncated
rule
disallowing
damages
occurred
prior
ultimate
invalidation
challenged
regulation
california
justified
conclusion
length
agins
opinion
concluding
combination
need
preserving
degree
freedom
planning
function
inhibiting
financial
force
inheres
inverse
condemnation
remedy
persuade
us
balance
mandamus
declaratory
relief
rather
inverse
condemnation
appropriate
relief
circumstances
cal
considering
question
find
substantial
guidance
cases
government
temporarily
exercised
right
use
private
property
dow
supra
though
rejecting
claim
government
may
abandon
condemnation
proceedings
observed
abandonment
results
alteration
property
interest
taken
one
full
ownership
one
temporary
use
occupation
cases
compensation
measured
principles
normally
governing
taking
right
use
property
temporarily
see
kimball
laundry
petty
motor
general
motors
cases
cited
dow
involved
appropriation
private
property
use
world
war
ii
though
takings
fact
temporary
see
petty
motor
question
compensation
required
government
interference
use
property
concerned
case
determining
proper
measure
monetary
relief
property
holders
entitled
see
kimball
laundry
petty
motor
supra
general
motors
cases
reflect
fact
temporary
takings
deny
landowner
use
property
different
kind
permanent
takings
constitution
clearly
requires
compensation
cf
san
diego
gas
electric
brennan
dissenting
nothing
compensation
clause
suggests
takings
must
permanent
irrevocable
axiomatic
fifth
amendment
compensation
provision
designed
bar
government
forcing
people
alone
bear
public
burdens
fairness
justice
borne
public
whole
armstrong
see
also
penn
central
transportation
new
york
city
monongahela
navigation
present
case
interim
ordinance
adopted
county
los
angeles
january
became
effective
immediately
appellant
filed
suit
within
month
effective
date
ordinance
yet
california
denied
hearing
case
october
merits
appellant
claim
yet
determined
required
pay
compensation
leasehold
interests
shorter
duration
value
leasehold
interest
property
period
years
may
substantial
burden
property
owner
extinguishing
interest
period
years
may
great
indeed
see
general
motors
supra
burden
results
governmental
action
amounted
taking
compensation
clause
fifth
amendment
requires
government
pay
landowner
value
use
land
period
cf
causby
owner
loss
taker
gain
measure
value
property
taken
invalidation
ordinance
successor
ordinance
period
time
though
converting
taking
temporary
one
sufficient
remedy
meet
demands
compensation
clause
appellee
argues
requiring
compensation
denial
use
land
prior
invalidation
inconsistent
decisions
danforth
agins
tiburon
danforth
landowner
contended
taking
property
occurred
prior
institution
condemnation
proceedings
reason
enactment
flood
control
act
claimed
passage
act
diminished
value
property
plan
embodied
act
required
condemnation
flowage
easement
across
property
held
context
condemnation
proceedings
taking
occur
compensation
determined
paid
went
say
reduction
increase
value
property
may
occur
reason
legislation
beginning
completion
project
uch
changes
value
incidents
ownership
considered
taking
constitutional
sense
danforth
supra
agins
likewise
rejected
claim
city
preliminary
activities
constituted
taking
saying
ere
fluctuations
value
process
governmental
decisionmaking
absent
extraordinary
delay
incidents
ownership
see
cases
merely
stand
unexceptional
proposition
valuation
property
taken
must
calculated
time
taking
depreciation
value
property
reason
preliminary
activity
chargeable
government
thus
agins
concluded
preliminary
activity
work
taking
require
considerable
extension
decisions
say
compensable
regulatory
taking
may
occur
challenged
ordinance
ultimately
held
invalid
nothing
say
today
intended
abrogate
principle
decision
exercise
power
eminent
domain
legislative
function
congress
congress
alone
determine
hawaii
housing
authority
midkiff
quoting
berman
parker
determines
taking
occurred
government
retains
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case
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bituminous
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fter
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allard
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cath
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diamond
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new
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regulation
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competent
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today