RECENT FEDERAL DECISIONS

August 2005

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U.S. Supreme Court Holds that State Court Decision on Fifth Amendment Takings Claim Precludes Later Federal Court Review
San Remo Hotel, L.P., et al. v. City and County of San Francisco, et al., ___U.S.___

On June 20, 2005, the United States Supreme Court upheld a Ninth Circuit Court of Appeals ruling that a hotel owner was precluded from challenging the constitutionality of a city’s hotel conversion ordinance under the Takings Clause of the Fifth Amendment in federal court because the California state courts had already decided the takings claims under the tenets of federal takings law.