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| First English Evangelical Lutheran Church of Glendale v. County of Los Angeles ： ウィキペディア英語版 |
First English Evangelical Lutheran Church v. Los Angeles County
''First English Evangelical Lutheran Church v. Los Angeles County'', , was a 6-3 decision of the United States Supreme Court. The Court held that the complete destruction of the value of property constituted a taking under the Fifth Amendment to the United States Constitution even if that taking was temporary and the property was later restored.
==Background==
First English Evangelical Lutheran Church operated a retreat center for handicapped children on its property within the Angeles National Forest. They called the camp Lutherglen. After a serious flood destroyed all the buildings in Lutherglen, the County of Los Angeles adopted an interim ordinance prohibiting building within the floodplain.
The Church sued seeking damages, alleging the ordinance denied them all use of Lutherglen. The Superior Court struck the allegation, reasoning that damages were unavailable for an inverse condemnation. In California a plaintiff was procedurally first required to get the court to declare a challenged regulation was excessive. After the regulation was declared excessive the regulator could discontinue the regulation or pay just compensation. The Court of Appeal affirmed the decision and the California Supreme Court denied review.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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