Cert. Petitions Granted in Significant
Regulatory Takings Cases

3 Cases Listed
Updated: January 8, 2002

Tahoe Sierra Preservation Council v. Tahoe Reg'l Planning Agency, S. Ct. No. 00-1167
Petition Filed: Jan. 18, 2001
Docketed: Jan. 19, 2001
Lower Court Ruling: 216 F.3d 764 (9th Cir. 2000)
Question Presented (as formulated by the Supreme Court):

Whether the Court of Appeals properly determined that a
temporary moratorium on land development does not constitute a taking of property requiring compensation under the Takings Clause of the United States Constitution? 

To read more about this case, click here.

Verizon Communications, Inc., et al. v. Federal Communications Comm’n, et al., S. Ct. No. 00-511
Cert. Granted: Jan. 22, 2001
Lower Court Ruling: Iowa Utilities Board v. FCC, 219 F.3d 744 (8th Cir. 2000)
Questions Certified:

1. Whether the court of appeals erred in holding that 47 U.S.C. § 252(d)(1) (Telecommunications Act of 1996) forecloses the cost methodology adopted by the FCC, which is based on the efficient replacement cost of existing technology, for determining the interconnection rates that new entrants into local telecommunications markets must pay incumbent local telephone companies.

2. Whether the court of appeals erred in holding that neither the Takings Clause nor the Telecommunications Act of 1996 requires incorporation of an incumbent local exchange carrier's "historical" costs into the rates that it may charge new entrants for access to its network elements.

3. Whether 47 U.S.C. ? 251(c)(3) prohibits regulators from requiring that incumbent local telephone companies combine certain previously uncombined network elements when a new entrant requests the combination and agrees to compensate the incumbent for performing that task.

 

Franconia Assocs. v. United States (Grass Valley Terrace v. United States), S. Ct. No. 01-455
Filed: Sept. 2, 2001
Cert. Granted: Jan. 4, 2002
Lower Court Opinions: 43 Fed. Cl. 702 (1999), aff’d, 240 F.3d 1358 (Fed. Cir. 2001); 46 Fed. Cl. 629 (2000), aff’d, 2001 WL 534141 (Fed. Cir. 2001).
Questions Presented (as formulated by the Supreme Court):  

1.  Whether a breach of contract claim accrues for purposes of 28 U.S.C. s 2501 when Congress enacts a statute alleged to abridge a contractual right to freedom from regulatory covenants upon prepayment of government mortgage loans.

2.  Whether a Fifth Amendment takings claim accrues for purposes of 28 U.S.C. s 2501 when Congress enacts a statute alleged to abridge a contractual right to freedom from regulatory covenants upon prepayment of mortgage loans.

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