First English Evangelical Lutheran Church of Glendale v. County of Los Angeles

Opinion

JOHNSON, J.

In this opinion we consider an issue on remand from the United States Supreme Court. The high court held a landowner is entitled to compensation—not merely injunctive relief—when a court finds there has been an unconstitutional regulatory taking. But the Supreme Court expressly reserved the question whether respondent’s regulatory action in this case amounted to an unconstitutional taking. We decide appellant failed to state a cause of action for two independent and sufficient reasons: (1) The interim ordinance in question substantially advanced the preeminent state interest…