No. 21-112

Juliet Erickson, et al. v. Nevada County, California

Lower Court: California
Docketed: 2021-07-27
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights deed-restriction due-process exaction land-use municipal-ordinance permit-denial property-rights takings
Latest Conference: 2021-09-27
Question Presented (from Petition)

Does an exaction occur when a County, in violation of its own ordinances, refuse s to issue a building permit it previously approved for a single-family residence unless the applicants consent to record an ad hoc deed restriction on their lot which would conserve all trees and vegetation in a specified area?

Question Presented (AI Summary)

Does an exaction occur when a County refuses to issue a building permit it previously approved unless the applicants consent to record an ad hoc deed restriction?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-05
Waiver of right of respondent County of Nevada to respond filed.
2021-07-22
Petition for a writ of certiorari filed. (Response due August 26, 2021)

Attorneys

County of Nevada
Alena ShamosColantuono, Highsmith & Whatley, PC, Respondent
Juliet Erickson, et al.
Allan S HaleyHaley and Biheimer, Petitioner