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· 4/17/2013

MHC Financing Ltd. Partnership v. City of San Rafael

Citations

  • 714 F.3d 1118
  • 2013 D.A.R. 4984

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an eighty-one percent diminution in value was not sufficient to constitute a regulatory taking
  • holding that an 81% diminution in value was not sufficient to constitute a regulatory taking
  • reasoning that an “81% diminution in value ... would not have been sufficient economic loss or interference with [the plaintiffs] reasonable investment-backed expectations to constitute a taking”
  • setting forth elements of res judicata under California law and discussing the primary rights theory of res judicata under California law
  • taking issue with valuation evidence based on a hypothetical state of affairs but nevertheless assuming it could show economic impact
  • upholding San Rafael’s MRSO and finding that the ordinance does not violate the public use requirement or constitute a regulatory taking

Source: CourtListener parenthetical corpus (CC0).

Judges: Farris, Thomas, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.