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Commentary

Interim Damages: A Remedy in Land Use Cases?

Pages 6-12 | Published online: 21 Jul 2011
 

Abstract

In December 1980, the U.S. Supreme Court heard oral argument in San Diego Gas & Electric Company v. City of San Diego, in which the plaintiff utility alleged that the city of San Diego had engaged in a course of regulatory conduct that precluded all reasonable use of some 206 acres of its property in a wetland known as the Los Penasquitos Lagoon. The city and a horde of amici curiae disputed the claim. From a “taking” perspective, the case is really no more than a garden-variety zoning dispute; whether there has been an unconstitutional burdening of SDG&E's property will turn on the peculiar facts of the case.

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