"On balance, it was in the agency's interest to settle the case," says John O. Marshall, general counsel for the agency. "This wasn't the case we wanted to fight all the way to the Supreme Court."
The planning agency denied her a building permit because her lot was in an area that acted as a natural filter for erosion, protecting the lake's renowned clarity. The agency told Suitum she had to leave her lot vacant, but said she could sell her development rights to other people who wanted to build bigger houses than regulations allow. Suitum sued instead. Her argument was simple: the agency's denial of her building permit was a taking, and she deserved compensation.
Suitum lost in court and again on appeal. In 1997, however, the U.S. Supreme Court said the lower courts were wrong and ordered them to take another look.
Suitum, now 84, lives in Sacramento and is legally blind. Her lawyer, Pat Cashill, says the settlement leaves the agency with only two options. Says Cashill, "Either let people build or buy their land."
- Mark Solomon on Rural counties to lose the most from defunded lands programs
- Sarah Tory on Rural counties to lose the most from defunded lands programs
- Heather Brenner on Rural counties to lose the most from defunded lands programs
- Louis F Good on Navajo election shakes up Grand Canyon development plans
- Warren Anderson on Canadian water for California’s drought?