First English Ev. Luth. Church of Glendale v. Cnty. of Los Angeles, Calif.
United States Supreme Court
482 U.S. 304 (1987)
First English Evangelical Lutheran Church (plaintiff) owns land outside of Los Angeles. The land lies along the banks of Mill Creek, a natural drainage channel for the nearby Angeles National Forest. The Church once used the land as a campground called Lutherglen. In 1977, a forest fire destroyed all vegetation in a large area near Lutherglen, creating a serious flood hazard. After a heavy rainstorm several months later, Mill Creek flooded, temporarily submerging Lutherglen and destroying all buildings on the property. In response, Los Angeles County (defendant) adopted an ordinance temporarily prohibiting any construction around Mill Creek, including all of Lutherglen. The Church brought suit against the County. Part of the Church’s complaint alleged that the ordinance denied the Church all use of Lutherglen, but no part of the Church’s complaint directly alleged that the ordinance effected a taking of the property. The County asked the trial court to strike as irrelevant the claim that the ordinance denied all use of the property, relying on the Supreme Court of California’s holding in Agins v. Tiburon, 598 P.2d 25 (Cal. 1979), that property owners are not entitled to just compensation for a regulatory taking until a court has found that there has been a taking. The County reasoned that under Agins, the Church would need to bring a claim that the ordinance effected a taking before the court could consider whether it deprived the Church of all uses of the property. The trial court agreed and struck the use deprivation claim. The Church appealed within the California courts, which upheld the trial court’s decision. The Church then appealed to the United States Supreme Court, claiming that Agins was a misinterpretation of the requirements of the Fifth and Fourteenth Amendments.
Rule of Law
Holding and Reasoning (Rehnquist, C.J.)
Dissent (Stevens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 169,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.