West Linn Corporate Park LLC v. City of West Linn

Good Law
534 F.3d 1091·2008 WL 2875296
United States Court of Appeals for the Ninth CircuitJuly 28, 200805-36061, 05-36062California5,428 words

Opinion

Opinion

West Linn Corporate Park, LLC (WLCP) commenced this action in the Circuit Court for Clackamas County, Oregon, against the City of West Linn and other defendants (collectively the City) alleging that the conditions the City placed on the approval of the development of the West Linn Corporate Park amounted to an inverse condemnation under the Oregon Constitution and an uncompensated taking under the Fifth Amendment to the United States Constitution. The City subsequently removed the matter to the United States District Court for the District of Oregon where the City asserted counterclaims seeking a maintenance bond from WLCP and other equitable relief relating to the vacation of a street abutting WLCP’s property.

Following a bench trial, the district court entered judgment in favor of the City on WLCP’s inverse condemnation and takings claims with respect to off-site improvements WLCP constructed. The district court also denied the City’s counterclaims and granted judgment in favor of WLCP on WLCP’s takings and inverse condemnation claim relating to the vacation of the abutting street. Finally, the district court granted judgment in WLCP’s favor on its First Amendment…

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