CAC Legal Victory: Ninth Circuit Affirms Proper Interpretation Of Fifth Amendment Takings Clause

In a big victory last week for CAC and our client, the International Municipal Lawyers Association, the Ninth Circuit unanimously upheld the right of state and local governments to impose reasonable development conditions and ensure a sustainable balance between environmental concerns and land usein its opinion in Tapps Brewing v. City of Sumner.  The ruling is fully consistent with the text and history of the Constitution’s Takings Clause, which was intended by the framers only to require compensation for expropriations of property, and echoes many of the points made in a brief we filed on IMLA’s behalf.  Congratulations to the City of Sumner, and Michael Walter of the law firm Keating, Bucklin & McCormack, that argued the case for the City. 

To read commentary on the ruling from our Text and History Blog, click here.

To read the full opinion (PDF) click here.