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By Ronald A. Zumbrun, 3/11/2008 - Court warning to Planning officials -- immunity lost! The Ninth Circuit Court of Appeals found a silver lining within a gray cloud. The Court applied the findings of the Supreme Court's Lingle v. Chevron to eliminate government's long-held defense regarding private property takings. The court ruled that government officials can no longer rely on the "substantially advances a legitimate state interest" defense when regulating property.