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U.S. SUPREME COURT FURTHER MUDDLES THE
TAKINGS CLAUSE
June 28, 2001
PRESS STATEMENT OF TIMOTHY J. DOWLING
Today, the U.S. Supreme Court issued a ruling in Palazzolo
v. Rhode Island, No. 99-2047.
After lamenting that its prior opinions provided only "some,
but not too specific guidance" (slip opinion at 7) on
how to apply the Takings Clause to regulations that protect
our communities, the Court has once again handed down a ruling
that muddles takings law and threatens community protections.
"The ruling is anti-environmental judicial activism
that jettisons one of the few bright-line rules of takings
law," said Timothy J. Dowling, Chief Counsel of Community
Rights Counsel. "The Court bends over backwards to resuscitate
a claim that has no business being in court. The state should
prevail on remand, but the Court has produced mush that will
engender confusion and embolden developers for years to come."
Mr. Dowling filed a brief in the case on behalf of our nation's
planners and local officials (the American Planning Association,
International Municipal Lawyers Association, Rhode Island
Planning Association, and California Association of Counties).
To contact Mr. Dowling about the Palazzolo ruling, call 202-296-6889,
ext. 2.
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