Tuesday, November 19, 2013

Review Granted . . .

In the past month or so, the California Supreme Court has granted review in two previously covered cases (on the issues as described in the Court's pending issues summary):

City of Perris v. Stamper (Rev. Granted Nov. 13, 2013): This case presents the following issues: (1) In this eminent domain case, was the constitutionality of the dedication requirement—that the city claimed it would have required in order to grant the property owner permission to put the property to a higher use—a question that had to be resolved by the jury pursuant to article I, section 19, of the California Constitution? (2) Was the dedication requirement a “project effect” that the eminent domain law required to be ignored in determining just compensation? 

Williams v. Chino Valley Independent Fire District (Rev. Granted, Oct. 16, 2013): This case presents the following issue: Is a prevailing defendant in an action under the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) required to show that the plaintiff’s claim was frivolous, unreasonable, or groundless in order to recover ordinary litigation costs?

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