Leroy Land Development v. Tahoe Regional Planning Agency

SCHROEDER, Circuit Judge:

The principal issue we must resolve in this appeal is whether a land developer, who years ago settled a dispute with the appropriate governmental authority over issuance of a building permit, may now challenge the central condition of the settlement on the ground that unilateral imposition of such a condition by the authority would violate the principles enunciated in Nollan v. California Coastal Commission, 483 U.S. 825, 107 S.Ct. 3141, 97 L.Ed.2d 677 (1987). The Supreme Court there articulated a two-part test to determine if a land-use regulation constitutes an…