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PROTECTING
THE PUBLIC SAFETY OF A COMMUNITY
County
of Riverside
v. Lion’s Lair Enterprises
(California
Supreme Court, pending)
Client: Community Rights Counsel
Twice, a
California appellate court has ruled that a requirement that
a developer provide a fire access road to serve a subdivision
in a remote, fire-prone area constitutes a taking. This is
the only case we are aware of where a court has found a taking
when the government had such a compelling public safety interest.
After the court ruled the first time in 1999, CRC helped the
County of Riverside successfully petition the California Supreme
Court to overturn this remarkable finding. The appellate court,
undeterred, again found a taking on remand. So, CRC is again
supporting Riverside's bid for California Supreme Court review.
Briefs were filed in February, 2001.
Lion’s
Lair Enterprises v. Riverside County
(California
Supreme Court)
Issues:
Nollan/Dolan tests and permit conditions; legislative
vs. adjudicative conditions.
CRC’s
Amicus Letter (Sept. 28, 1999)
(This letter was also filed on remand to the Court of Appeal
in the above-referenced, ongoing litigation.)
CRC's
Amicus Letter (Feb. 15, 2001)
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