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POWELL v. COUNTY OF HUMBOLDT

No. A137238.

222 Cal.App.4th 1424 (2014)

166 Cal. Rptr. 3d 747

SCOTT POWELL et al., Plaintiffs and Appellants, v. COUNTY OF HUMBOLDT, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

January 16, 2014.

Attorney(s) appearing for the Case

Pacific Legal Foundation, R.S. Radford , Meriem L. Hubbard and Jennifer Fry Thompson for Plaintiffs and Appellants.

Center for Constitutional Jurisprudence, John C. Eastman , Anthony T. Caso and Karen J. Lugo as Amicus Curiae on behalf of Plaintiffs and Appellants.

Wendy B. Chaitin , County Counsel, Joyce E. Stigter , Deputy County Counsel; Rosales Law Partners, Mara E. Rosales and Robert D. Sanford for Defendant and Respondent.

OPINION

MARGULIES, Acting P.J. —

Scott and Lynn Powell challenge the constitutionality of a county general plan requirement that they provide an aircraft overflight easement as a condition for obtaining a building permit to make minor alterations to their residence. The Powells contend the easement requirement constitutes a taking of their property without payment of just compensation under Nollan v. California Coastal Comm'n ...

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