No. 21-112

Juliet Erickson, et al. v. Nevada County, California

Lower Court: California
Docketed: 2021-07-27
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights deed-restriction due-process exaction land-use municipal-ordinance permit-denial property-rights takings
Key Terms:
AdministrativeLaw Takings FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does an exaction occur when a County refuses to issue a building permit it previously approved unless the applicants consent to record an ad hoc deed restriction?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Does an exaction occur when a County, in violation of its own ordinances, refuses to issue a building permit it previously approved for a single-family residence unless the applicants consent to record an ad hoc deed restriction on their lot which would conserve all trees and vegetation in a specified area? li PROCEEDINGS BELOW e Juliet Erickson and Peter Lockyer vs. County of Nevada, No. CU13-079389, Superior Court of the State of California, County of Nevada. Statement of Decision and Judgment entered Aug. 17, 2016. e Juliet Erickson and Peter Lockyer vs. County of Nevada, No. C082927, Court of Appeal of the State of California, Third Appellate District. Judgment entered on Nov. 30, 2020, opinion modified on denial of rehearing without affecting decision, Dec. 18, 2020. e Juliet Erickson and Peter Lockyer vs. County of Nevada, No. S266541, Supreme Court of California. Order denying review entered Mar. 17, 2021.

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-05
Waiver of right of respondent County of Nevada to respond filed.
2021-07-22
Petition for a writ of certiorari filed. (Response due August 26, 2021)

Attorneys

County of Nevada
Alena ShamosColantuono, Highsmith & Whatley, PC, Respondent
Alena ShamosColantuono, Highsmith & Whatley, PC, Respondent
Juliet Erickson, et al.
Allan S HaleyHaley and Biheimer, Petitioner
Allan S HaleyHaley and Biheimer, Petitioner