FIRST LUTHERAN CHURCH v. LOS ANGELES COUNTY

No. 85-1199.

482 U.S. 304 (1987)

FIRST ENGLISH EVANGELICAL LUTHERAN CHURCH OF GLENDALE v. COUNTY OF LOS ANGELES, CALIFORNIA

Supreme Court of United States.

Decided June 9, 1987


Attorney(s) appearing for the Case

Michael M. Berger argued the cause for appellant. With him on the briefs was Jerrold A. Fadem.

Jack R. White argued the cause for appellee. With him on the brief were DeWitt W. Clinton, Charles J. Moore, and Darlene B. Fischer.*

Briefs of amici curiae urging affirmance were filed for the United States by Solicitor General Fried, Assistant Attorney General Habicht, Deputy Solicitor General Ayer, Deputy Assistant Attorneys General Marzulla, Hookano, and Kmiec, and Edwin S. Kneedler and Peter R. Steenland, Jr.; for the State of California et al. by John K. Van de Kamp, Attorney General of California, Andrea Sheridan Ordin, Chief Assistant Attorney General, Richard C. Jacobs, N. Gregory Taylor, and Theodora Berger, Assistant Attorneys General, and Craig C. Thompson and Richard M. Frank, Deputy Attorneys General, joined by the Attorneys General for their respective States as follows: Harold M. Brown of Alaska, John Steven Clark of Arkansas, Jim Smith of Florida, Corinne K. A. Watanabe of Hawaii, Neil F. Hartigan of Illinois, James E. Tierney of Maine, Francis X. Bellotti of Massachusetts, Hubert H. Humphrey III of Minnesota, Edwin L. Pittman of Mississippi, William L. Webster of Missouri, Stephen E. Merrill of New Hampshire, Robert Abrams of New York, Nicholas J. Spaeth of North Dakota, Michael Turpin of Oklahoma, T. Travis Medlock of South Carolina, Mark V. Meierhenry of South Dakota, Jim Maddox of Texas, David L. Wilkinson of Utah, Jeffrey L. Amestoy of Vermont, Mary Sue Terry of Virginia, Kenneth O. Eikenberry of Washington, Archie G. McClintock of Wyoming, and Hector Rivera Cruz of Puerto Rico; for the city of Los Angeles et al. by Gary R. Netzer, Claudia McGee Henry, and Anthony Saul Alperin; for the National Association of Counties et al. by Benna Ruth Solomon, Joyce Holmes Benjamin, and Beate Bloch; and for the Conservation Foundation et al. by Fred P. Bosselman and Elizabeth S. Merritt.


CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

In this case the California Court of Appeal held that a landowner who claims that his property has been "taken" by a land-use regulation may not recover damages for the time before it is finally determined that the regulation constitutes a "taking" of his property. We disagree, and conclude that in these circumstances the Fifth and Fourteenth Amendments to the United...

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