First Lutheran Church v. Los Angeles County

In First Lutheran Church v. Los Angeles County (1987) 482 U.S. 304, the United States Supreme Court addressed the appropriate remedy when government regulation in fact causes a temporary deprivation of all economically viable use of private property. Although the First Lutheran case determined that compensation was appropriate for a temporary taking, it did not address the issue of whether the regulatory activity in that case actually resulted in a taking. The court stated that it was not addressing "the quite different questions that would arise in the case of normal delays in obtaining building permits, changes in zoning ordinances, variances, and the like which are not before us." (Id. at p. 321.) The United States Supreme Court held that where the government temporarily deprives a landowner of all economically viable use of property, a temporary taking of property may result, requiring just compensation. However, First Lutheran Church specifically did not extend its holding to "the quite different questions" that arise from the normal delays inherent in obtaining building permits. ( Id. at p. 321.)