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Constitutional Law

Jul. 29, 2026

If you make it available, should they come?

The Supreme Court's review of Grand v. City of University Heights will examine the intersection of religious freedom, land-use regulation and property rights, including whether takings-law ripeness requirements should apply when government actions allegedly burden religious exercise.

Michael M. Berger

Senior Counsel
Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where his practice focuses on appeals with a particular interest in constitutional land use. He has argued four takings cases in the U.S. Supreme Court.

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If you make it available, should they come?
Shuttersetock

It is not often that we see cases demonstrating the potential overlap of free exercise of religion under the First Amendment and precepts of property takings law under the Fifth Amendment. We discussed one such case in May (Church v. State: A takings conundrum, May 27, 2026). That case, as you may recall, involved litigation between the feder...

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