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 | Michael BergerSenior Partner
Manatt, Phelps & Phillips, LLP
Trident Center, East Tower, 11355 West Olympic Boulevard
Los Angeles, California
90064
(Los Angeles Co.)
Telephone: (310) 312-4185
Fax: (310) 312-4224
http://www.manatt.com
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| Practice Areas | Real Estate; Eminent Domain; Litigation; Land Use; Appellate Practice | | | Education | Washington University, J.D., 1967; University of Southern California, LL.M. in Real Property, 1968, Yale University, 1968 | | | Admitted | 1967, California and Missouri; U.S. Supreme Court; U.S. Court of Federal Claims; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Sixth Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals for the Federal Circuit | |
| Born | St. Louis, Missouri | | | Biography | Named by Los Angeles Magazine and Law & Politics Magazine as one of Southern California's "Super Lawyers 2004," the Best Attorneys in Southern California. Named by California Lawyer as one of California's "Lawyers of the Year," 1998. Named by Los Angeles Business Journal as one of 100 Most Prominent Business Attorneys, 1995. Recipient, Harrison Tweed Award for Special Merit in Continuing Legal Education, for career contributions to post-admission legal education, American Law Institute-American Bar Association, 1989. Author: "What's 'Normal' About Planning Delay?" in ABA Taking Sides on Taking Issues: Public and Private Perspectives, ch. 11 (Roberts, ed. 2002); "The Shame of Planners," 54 Land Use Law & Zoning Digest, no. 6, p. 6 (June 2002); "Vindicating the Rights of Private Land Development in the Courts," 32 Urban Lawyer 941 (2000); "Supreme Bait & Switch: The Ripeness Ruse in Regulatory Takings," 3 Wash. U.J.L. & Policy 99 (2000); "Recent State and Federal Case Developments," ALI-ABA, Inverse Condemnation and Related Government Liability, Washington, D.C., April 2004; "Is the Supreme Court Really Different?" Los Angeles County Bar Association, Appellate Courts Committee, Los Angeles, March 2004; "Supreme Court Decisions and Their Impact on the Appraisal Profession" and "Complex Appraisal Issues Raised By Current Land Use Trends," Appraisal Institute, Appraisal Litigation Practice and Courtroom Management, Sacramento, April 2003; "Protecting Property Rights in a Regulatory Era," Georgetown University, Annual §1983 Civil Rights Litigation Seminar, San Francisco, May 2001; "Advanced Land Use (Planning and Regulatory Issues)," International Council of Shopping Centers, 2000 U.S. Shopping Center Law Conference, Orlando, October 2000. Co-Author, "To Steal or Not to Steal? That is the Question," 55 Land Use Law & Zoning Digest 13 (November 2003). Contributing occasional Author, column on Land Use Law, Los Angeles Times, 1991—. Contributing Author: monthly column: Takings and Land Use, Los Angeles Daily Journal and San Francisco Daily Journal, 1991—; column on Property Law, California Real Estate Journal, 1998—; column on Property Law, The Nation's Building News (published by the National Association of Home Builders), 1993—.(Senior Partner)(Certified Specialist, Appellate Law, The State Bar of California Board of Legal Specialization) | | | Reported Cases | Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002)(whether a land use moratorium is a taking of property must be decided on a case-by-case basis); City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999)(right to 7th Amendment jury trial and 5th Amendment compensation for regulatory taking); Preseault v. ICC, 494 U.S. 1 (1990)(federal "rails-to-trails" statute is valid under the Commerce Clause; however, compensation may be sought in the Claims Court under the Just Compensation Guarantee); People ex rel. Dept. of Transportation v. Southern California Edison Co., 22 Cal. 4th 791 (2000)(computation of interest due for prejudgment possession in eminent domain); City of Manhattan Beach v. Superior Court, 13 Cal. 4th 232 (1996)(where deed is ambiguous, extrinsic evidence may be used to demonstrate fee transfer); State Farm Fire & Cas. Co. v. Von Der Lieth, 54 Cal. 3d 1123 (1991)(third party negligence is a covered peril under an "all risk" homeowners' insurance policy); Britt v. Superior Court, 20 Cal. 3d 844 (1978)(First Amendment precludes governmental inquiry into plaintiffs' discussions about lawsuit; interrogatories re medical history limited to injury being litigated); 99 Cents Only Stores v. Lancaster Redevelopment Agency, 60 Fed. Appx. 123 (9th Cir. 2003)(power of eminent domain cannot be used to condemn for purely private purpose); First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987)(constitution requires just compensation for regulatory taking of property). | | | ISLN | 909089564 | |
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