United States Ninth Circuit
Tapps Brewing, Inc. v. City of Sumner, 07-35231
In a case deciding whether a City's piping regulation and request that even larger piping be installed constituted an illegal taking of property, summary judgment for the City is affirmed where: 1) a generally applicable development condition not requiring the relinquishing of rights in real property is analyzed under and here satisfies the Penn Central standard for challenges to general regulatory takings; and 2) defendant impliedly contracted with the City to install the larger than required piping.
Appellate Information
- Argued 07/11/2008
- Decided 09/25/2008
- Published 09/25/2008
Judges
Court
- United States Ninth Circuit