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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Small Property Owners v. City & County of San Francisco, 47 Cal. Rptr. 3d 121 (2006)

Citation
Small Property Owners v. City & County of San Francisco, 47 Cal. Rptr. 3d 121 (2006)
Parent Document
Small Property Owners v. City & County of San Francisco, 47 Cal. Rptr. 3d 121 (2006)
Jurisdiction
California (state)
Effective Date
2006-08-09

Other Sections in This Document (187)

Full Text

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Five members of the court concluded that the application of the provision to the plaintiff was unconstitutional, but they did not agree on the rationale. Four of them—Justice O’Connor, joined by Justices Rehnquist, Scalia, and Thomas—decided that the provision of the Coal Act amounted to an unconstitutional taking as applied, and did not address the due process challenge. {Eastern Enterprises, supra,