Kingston Kohr, LLC v. City of Irvine, California
DueProcess Takings Privacy
Whether property owners have due process rights to conduct self-demolition or if local government has sole authority, and whether leveraging a demolition permit to exact property owner's consent violates Takings and Due Process Clauses
In Nollan v. California Coastal Commission (1987) 483 U.S. 825 , 836, this Court held that local government denial of a demolition permit in order to exact a concession was allowed under the Takings Clause only if there was an “essential nexus” between the purpose of the permit and the purpose of the condition. The question s presented are: 1. Whether owners of property in abatement have due process or property rights to conduct self demolition or whether this authority lies solely with local government. 2. Whether it is a violation of the Takings and Due Process Clause s for local government to leverage its performance of a ministerial duty —namely, to grant or deny a demolition permit —to exact the property owner’s consent for entry on the property to conduct its own demolition .