Essentially, land use litigation is used when one is looking to build a property on a piece of land that is located in any given area. Typically, every state has an evolving set of laws that pertains to land ownership and the way in which that land can be used. As a result, use of your land requires a series of approvals and permits from multiple governmental and quasi-governmental agencies. These agencies often oppose the use you desire for your land or will attempt to impose restrictions which are unacceptable. Wellman & Warren attorneys help you navigate the perilous waters of the land use approval process and get your project going.
With that, Wellman & Warren attorneys make many efforts on their client’s behalf in order to facilitate a smooth negotiation process and the most successful outcome possible. Essentially, many steps are taken by our attorneys including actions around building our client’s credibility and aiding in the reaching of a consensus, not only with the city council, but local residents and businesses as well.
As a result of these extra efforts, Wellman & Warren have been successful in many land use litigation cases, including the only victory ever in the State of California of a “Lucas” regulatory taking claim. Essentially, the case involved owners of 16 residentially zoned lots in Rancho Palos Verdes. The city refused to allow the owners to build on their lots, citing alleged landslide dangers. In a 49 page published opinion (Monks v. City of Rancho Palos Verdes, 167 Cal.App. 4th 263), the California Court of Appeal found the refusal constituted a taking of the plaintiffs’ properties without just compensation. As a result, a victory was granted and the amount awarded to the plaintiffs was approximately $24 million dollars.
Let Wellman & Warren take care of the environmental or land use challenges you are facing or looking to pursue. Our team is here to help!