News & Analysis as of

Fifth Amendment California

Hahn Loeser & Parks LLP

U.S. Northern District of California Grants Limited Preliminary Injunction of DEI-Related Executive Orders

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine...more

Nossaman LLP

Federal Circuit Diverts ESA Takings Challenge

Nossaman LLP on

The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...more

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

Allen Matkins

Sustainable Development and Land Use Update 2.22.24

Allen Matkins on

The city of Berkeley will pay $4 million in connection with its mishandling of an application to build 260 housing units on the old Spenger's parking lot. Alameda County Superior Court Judge Frank Roesch fined Berkeley $2.6...more

Allen Matkins

Sustainable Development and Land Use Update 10.13.23

Allen Matkins on

On October 11, 2023, Governor Gavin Newsom signed an extensive housing package consisting of 56 bills to help address California’s decades-in-the-making housing crisis by simplifying and expediting the construction of new...more

Coblentz Patch Duffy & Bass

Landlords File Lawsuit Challenging Legality of San Francisco’s Empty Homes Tax

Local landlords and owner-groups filed a lawsuit in San Francisco Superior Court last week in response to the recently-passed Proposition M, also known as the Empty Homes Tax Ordinance. We previously covered the new San...more

Miller Starr Regalia

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

Miller Starr Regalia on

During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

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