Legal Opinion
Powell v. County of Humboldt
California Court of Appeal
Decided January 16, 2014No. A137238PublishedCited by 7 opinions
1Opinion of the Court
Opinion
MARGULIES, Acting P. J.
Scott and Lynn Powell challenge the constitutionality of a county general plan requirement that they provide an aircraft overflight easement as a condition for obtaining a building permit to make minor alterations to their residence. The Powells contend the easement requirement constitutes a taking of their property without payment of just compensation under Nollan v. California Coastal Comm’n (1987) 483 U.S. 825 [97 L.Ed.2d 677, 107 S.Ct. 3141] (Nollan) and Dolan v. City of Tigard (1994) 512 U.S. 374 [129 L.Ed.2d 304, 114 S.Ct. 2309] (Dolan). The trial court…
2Cases cited38 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
33 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- California Building Industry Ass'n v. City of San JoseCalifornia Supreme Court · 2015
- Surfrider Found. v. Martins Beach 1, LLC, California Court of Appeal, 5th District2017
- Dryden Oaks, LLC v. San Diego Cnty. Reg'l Airport Auth., California Court of Appeal, 5th District2017
- California Building Industry Ass'n v. City of San JoseCalifornia Supreme Court · 2015
- Carachure v. City of AzusaCalifornia Court of Appeal · 2025
2 more not listed; retrieve them via the Exa API.