green
Positive treatment
Quoted verbatim 1×
3.7 score
“but the supreme court has held that the relationship between the means and the ends must be closer for purposes of takings clause analysis .”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
discussed
Cited "but see"
Manning v. ENERGY, MINERALS
But see Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (takings claim against the city based directly on the Constitution was barred because 42 U.S.C. § 1983 could be utilized instead), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993). {34} The South Dakota Supreme Court and the Oregon Court of Appeals also examined the same question that we address here.
discussed
Cited "but see"
Manning v. Mining & Minerals Division of the Energy, Minerals, & Natural Resources Department
But see Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (takings claim against the city based directly on the Constitution was barred because 42 U.S.C. § 1983 could be utilized instead), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993). {34} The South Dakota Supreme Court and the Oregon Court of Appeals also examined the same question that we address here.
discussed
Cited as authority (quoted)
Adamson Companies v. City of Malibu
but the supreme court has held that the relationship between the means and the ends must be closer for purposes of takings clause analysis .
cited
Cited as authority (rule)
Edward Antoine v. Atlas Turner, Inc., Royal Insurance Company of Canada Canadian General Insurance Company and Federal Insurance Company
Realty Corp., 973 F.2d 155 , 158 (2d Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1049 , 122 L.Ed.2d 357 *111 (1993).
discussed
Cited "see"
Quality Refrigerated Services, Inc. v. City of Spencer
See Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992) (“Plaintiff has no cause of action directly under the United States Constitution.”), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
cited
Cited "see"
Rodgers v. County of Yolo—Sheriff's Department
See Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see"
Acierno v. Cloutier
(2×)
also: Cited "see, e.g."
See Burns v. County of Cambria, Pa., 971 F.2d 1015, 1019-20 (3d Cir.1992) (canvassing cases from the nine circuits which disagree with Prisco ), cert. denied, --- U.S. ----, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see"
Acierno v. Cloutier
(2×)
also: Cited "see, e.g."
See Burns v. County of Cambria, Pa., 971 F.2d 1015, 1019-20 (3d Cir.1992) (canvassing cases from the nine circuits which disagree with Prisco), cert. denied, — U.S. -, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
cited
Cited "see, e.g."
Benedetto v. Indiana University
See also Azul-Pacifico, Inc. v. Los Angeles, 973 F.2d 704, 705 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see, e.g."
Pickens v. Hollowell
In other words, we “must determine whether reasonable officers in the same circumstances and possessing the same knowledge as the Defendants could have believed that probable cause existed to arrest____” Von Stein, 904 F.2d at 579 (emphasis added); see also Moore v. Gwinnett County, 967 F.2d 1495, 1497-98 (11th Cir.1992), ce rt. denied, — U.S. —, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see, e.g."
Waskovich v. Morgano
As we explained in Zold , “ ‘should a difference in party affiliation be highly likely to cause an official to be ineffective in carrying out the duties and responsibilities of the office, dismissals for that reason would not offend the First Amendment.’ ” Id. (quoting Ness, 660 F.2d at 521 ); see also Burns v. County of Cambria, 971 F.2d 1015, 1023 (3d Cir.1992) (noting that exception for political dismissals is “narrow”), cert. denied, — U.S. -, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993).
discussed
Cited "see, e.g."
Waskovich v. Morgano
As we explained in Zold, " 'should a difference in party affiliation be highly likely to cause an official to be ineffective in carrying out the duties and responsibilities of the office, dismissals for that reason would not offend the First Amendment.' " Id. (quoting Ness, 660 F.2d at 521 ); see also Burns v. County of Cambria, 971 F.2d 1015, 1023 (3d Cir.1992) (noting that exception for political dismissals is "narrow"), cert. denied, --- U.S. ----, 113 S.Ct. 1049 , 122 L.Ed.2d 357 (1993). 21 The troublesome questions arise at the margins.
Retrieving the full opinion text from the archive…
E. L. U. L. Realty Corp.
v.
Greyhound Exhibitgroup, Inc.
v.
Greyhound Exhibitgroup, Inc.
No. 92-882.
Supreme Court of the United States.
Jan 19, 1993.
Cited by 82 opinions | Published
Citer courts: C.D. California (1)
C. A. 2d Cir. Certiorari denied.