By Matthew Hinks The Ninth Circuit has issued a new “chapter in ‘the story of billboards.'” Billboard companies and advertisers should take note of the court’s opinion. Although the opinion refused to extend full First Amendment protection to billboards and advertising related to underlying expressive works, the court — recognizing…
By Matthew Hinks In an opinion containing echoes of the United States Supreme Court’s controversial and much maligned decision in Kelo v. City of New London, 545 U.S. 469 (2005), the California Court of Appeal has limited the reach of California Code of Civil Procedure § 1240.350(a). That section provides…
By Matthew Hinks The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.” The Constitution does not prohibit the taking of private property by the government — so long as the taking is done…
News Release LOS ANGELES — On August 23, 2012, a Los Angeles Superior Court judge ruled that the residential project proposed in the Benedict Canyon area by Saudi prince Abdul-Aziz ibn Abdul-Aziz al Saud, the Deputy Foreign Minister of Saudi Arabia, had been illegally subjected by the City of Los…
by Matthew Hinks Litigating property rights cases in California requires navigating a confusing mélange of sometimes unfamiliar and often times conflicting groups of laws, rules and regulatory agencies. On October 17, 2012, at the Marriott Los Angeles Downtown Hotel, I will be co-chairing an advanced one-day seminar entitled Litigating Property…
By Matthew Hinks The California Coastal Commission may not unilaterally impose a right of public access over private property. So says the California Court of Appeal in Bay Island Club v. California Coastal Commission. Bay Island Club (the “Club”) is comprised of 24 shareholders and owners of single-family residences on…
By Matthew Hinks Consider these facts: A married couple owns waterfront property in a picturesque harbor. They devoutly wish to build a pier or a dock on their property; however, the city refuses to even accept an application for a permit. This is because the city had previously passed and…
By Matthew Hinks Sign litigation, especially litigation over the constitutionality of ordinances and regulations affecting signage, often involves familiar, but competing, concepts. Although the courts recognize that outdoor advertising signs are subject to certain protections as “commercial speech” under the First Amendment, municipalities and agencies nevertheless hold significant authority to…
by Matthew Hinks The California Legislature and the courts have recognized that challenges to the California Environmental Quality Act (CEQA), if allowed to drag on, would impede the decisions of public agencies regarding land use. For this reason, CEQA imposes very short limitations periods and requires CEQA cases be given…
By Matthew Hinks May a property owner who sells property to a non-governmental entity as part of a government redevelopment project under the threat of eminent domain transfer the tax base of the original property to replacement property? Not on the record presented by the plaintiff in Duea v. County…