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1301 Connecticut Avenue, NW, Suite 502
Washington, DC 20036
Phone: 202-296-6889
Fax: 202-296-6895


CRC News Releases

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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