Legal Opinion
Milton A. Miller and Mandel M. Miller v. The City of Los Angeles, a Municipal Corporation
Court of Appeals for the Ninth Circuit
Decided March 22, 1985No. 83-5895PublishedCited by 17 opinions
1Opinion of the Court
SKOPIL, Circuit Judge:
The Millers own property on the east side of Colfax Avenue, a street which the City of Los Angeles seeks to widen. The City has filed a condemnation action to take the front 20 feet of the Millers’ property. The Millers are part of an assessment district and will be charged an amount commensurate with their benefit from the street widening pursuant to the Improvement Act of 1911 (California Streets and Highways Code § 5000 et seq.).
The Millers filed an action under 42 U.S.C. § 1983 in the district court claiming that the City’s assessment is an unconstitutional taking.…
2Cases cited8 opinions
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
- Rosewell v. LaSalle National BankSupreme Court of the United States · 1981
- Williams v. HorvathCalifornia Supreme Court · 1976
- Pauline Rust v. Paul Johnson and Nora Johnson, City of Los Angeles v. Paul Johnson, Nora Johnson, and the Secretary of Housing and Urban DevelopmentCourt of Appeals for the Ninth Circuit · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bidart Brothers, a California Corporation v. The California Apple CommissionCourt of Appeals for the Ninth Circuit · 1996
- Long Island Lighting Co. v. Town of BrookhavenCourt of Appeals for the Second Circuit · 1989
- Bright v. Bechtel Petroleum, Inc.Court of Appeals for the Ninth Circuit · 1986
- Bright v. Bechtel Petroleum, Inc.Court of Appeals for the Ninth Circuit · 1986
- Community Thrift & Loan v. SuchyCourt of Appeals for the Ninth Circuit · 1985
12 more not listed; retrieve them via the Exa API.