Case Citator › Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
216 F.3d 764
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2012
Overruled in part
A reviewed court has overruled part of this case’s holding. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency was overruled in part on whether a three-judge panel may use a law of the case exception to disregard an earlier published circuit decision. The Ninth Circuit, sitting en banc in Gonzalez v. Arizona, held that those exceptions do not override the binding law of the circuit.
More on how this was screened

Tahoe-Sierra's separate takings holding concerning temporary development moratoria was not disturbed. The confirmed treatment is listed below. All 35 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

35 later cases cite Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc Ninth Circuit overruled Tahoe-Sierra insofar as it allowed a panel to depart from an earlier published circuit opinion under a law of the case exception.

    Gonzalez v. Arizona · Ninth Circuit (en banc) · filed

    To the extent that our prior cases suggested otherwise, see Jeffries, 114 F.3d at 1492-93; Mendenhall, 213 F.3d at 469 n. 3; Tahoe-Sierra Pres. Council, Inc., 216 F.3d at 786-88, they are overruled.
    Read the full opinion on CourtListener →

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