· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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