PRESS STATEMENT
OF TIMOTHY J. DOWLING
U.S. Supreme Court
Further Muddles the Takings Clause
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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