Real Estate & Property Law

New Ninth Circuit Ripeness And Res Judicata Regulatory Takings Case

By Robert Thomas (inversecondemnation.com)

This just in: the Ninth Circuit has issued an opinion in Adam Bros. Farming, Inc. v. County of Santa Barbara, No. 09-55315 (May 14, 2010).

Adam Bros. Farming, Inc. and Iceberg Holdings, L.L.C. (collectively "Adam Bros.") appeal from the district court?s dismissal of their joint complaint. Adam Bros. sued the County of Santa Barbara and several of its employees (collectively "the county") in federal court, alleging that the county had, through a false wetland delineation, temporarily taken its land without providing just compensation in violation of the Fifth Amendment. The district court granted the county?s motion to dismiss and concluded that Adam Bros.?s claim was not ripe because Adam Bros. failed to demonstrate that it had sought and was denied just compensation under state law. Because we conclude that Adam Bros.?s claim is barred by the application of res judicata, we affirm the district court?s judgment.

More to follow after a chance to digest the opinion.

Full post as published by inversecondemnation on May 14, 2010 (boomark / email).