The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
To pass 5th Amendment restraints on public taking of private property, a condition that a government entity imposes on a permit for development of private property must have an “essential nexus” to the government’s land-use interest and have “rough proportionality” to the development’s impact on the land-use interest. This decision holds that those tests apply to any condition imposed on… Read More
The Agricultural Labor Relations Board's access regulation (Cal. Code Regs. tit. 8, § 20900) gives agricultural labor unions a limited right to access to agricultural workers while on their employer's property for an hour before and after work and during the lunch hour for four months out of the year. This decision holds that the regulation is a per se… Read More
Under Nev. Rev. Stat. 116.3116, a homeowner's association is allowed a superpriority lien for certain HOA dues and maintenance expenses. This decision holds that the statute does not offend the US Constitution's Takings Clause since no governmental entity takes the value of liens subordinated to the HOA's superpriority lien. It also holds that the statutory notice of foreclosure sent by… Read More
Plaintiff, a property owner, had additional administrative remedies he could exhaust after the city changed an ordinance that had previously kept him from getting a building permit. Read More
