Manatt Appellate Senior Counsel Michael Berger was quoted in Daily Journal on an inverse condemnation case between a property company and the City of Sacramento.
According to the article, the property company sued the City after they allegedly refused to address the homelessness issue and ignored repeated petitions to remove trespassers, which resulted in damage to one of their buildings. The company is seeking compensation based on the inverse condemnation law.
Berger observed that the complaint appears to be built on Klopping v. City of Whittier in which the justices found the City liable under inverse condemnation for not following through after announcing an eminent domain action against the plaintiff's property. “There have been a few successful Klopping claims, but not many...the courts should give Klopping claims more play,” he said.
Daily Journal subscribers can read the full article here.