A Case of Regulatory Taking

1
A Case of Regulatory Taking

• City of Glenn Heights, Appellant, v. Sheffield
  Development Company, Inc., Appellee

2
ISSUE

• To pay or not to pay? Is the government required
  to pay the landowner for the adverse effect of
  zoning regulations including a temporary
  moratorium.

3
PLANNED DEVELOPMENT DISTRICT 10 (PD10)

• 1986 - zoning established
• 1995 - city rezoned all property with the
  exclusion of 14 previously PDDs
• PD10 is safe or is it?
• 1996 Sheffield investigates property decides
  to buy
• SOON there after the city enacts a moratorium

4
AND ON AND ON

• The moratorium gets extended.
• What about the Ides of March?
• Moratorium not set to terminate until April of
  1998.
• Finally it terminatesthe ball drops
• Sheffields property downzoned

5
LET THE GAMES BEGIN

• Litigation Sheffield sues Glenn Heights
  surprise, surprise.
• Appeal Glenn Heights fights back
• Regulatory Taking Is Sheffield left out in the
  cold?
• Denial of ALL Economically Viable Use Key word
  is ALL.

6
ITS NOT OVER YET

• Unreasonable Interference Whos got the ball
  now?
• When is a moratorium a taking?
• Declaratory Judgment Splitting hairs.
• Prejudgment Interest Anti up!
• Evidence of Value Cross examination.

7
CONCLUSION

• The check is in the mail!
• Compensation for property damage
• Compensation for temporary taking
• Reversal of Declaratory Judgment
• Say Goodnight, Gracie