When a local government agency impermissibly spot zones a property, thereby depriving it of all economically beneficial uses, can the property owner seek to invalidate that zoning decision, or is the owner left with a claim for damages under the theory of a regulatory taking? In a recent published California district court decision ...
Earlier this month, the California Court of Appeal answered a question that had been outstanding for almost two decades: What standard of review applies to beneficial spot zoning? In Foothill Communities Coalition v. County of Orange, that question was finally answered when the Court held that beneficial spot zoning will be valid only when the record demonstrates that the zoning is "in the public interest."
In 1996, Associate California Supreme Court Justice Stanley Mosk stated in a concurring decision that although courts are traditionally deferential with respect to zoning ...
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