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Shaw v Santa Cruz County
This case involves private property and a vision. That vision belongs to plaintiffs and appellants Michael Shaw and Joanne Shaw and JM Management Company, and it involves their intention to transform 74 acres of property overgrown with poison oak and other noxious, invasive foreign plants into a vibrant community of homes within a thriving native plant environment. The unfortunate reason that Liberty Garden remans "a vision" rather than reality stems from the actions of Santa Cruz County in repeatedly obstructing the Shaws' attempts to put their property to use. Over the courseof three decades, the defendant and respondent County of Santa Cruz (County) has subjected the Shaws to a never-ending cylce of delays and road-blocks designed to prevent the Shaws from realizing the goals they set out to achieve when they purchased the Liberty Garden Property.
Subtopics:
Superior Court
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Shaw v Santa Cruz County: Shaw Appeals
Disincentives preclude innovation
“Because of the Endangered Species Act—what developer or land owner would want to purchase or own the land and do what we are doing? Disincentives preclude innovation. It is no wonder that no one else is following this common sense formulation for success: Pull the weeds and manage the plants and the hydrology.”
- Michael Shaw
Liberty Garden takes on confiscatory court ruling
“Twenty-five years ago, the Court posited that a regulation of private property ‘effects a taking if [it] does not substantially advance [a] legitimate state interes[t]... Today we correct course. We hold that the ‘substantially advances’ formula is not a valid takings test, and indeed conclude that it has no proper place in our takings jurisprudence.”
-Ron Zumbrun
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