Supreme Court Upholds Government Decision in Murr v. Wisconsin
BREAKING NEWS FOR LAND USE FOLKS - MURR DECIDED BY USSCT
This morning, the U.S. Supreme Court issued its opinion in Murr v. Wisconsin, a long-awaited land use decision. The Supreme Court upheld the court of appeals ruling that the owners of two "merged" lots did not suffer an unconstitutional "taking" of their property when the government denied their request to allow them to separate the consolidated lots so they could be individually developed. Murr v. Wisconsin, USSCT (decided June 23, 2017)
The Supreme Court analyzed the plaintiffs' takings claim by considering plaintiffs’ property as a whole, cfinding that plaintiffs could not establish a compensable taking because they (1) have not suffered a taking under Lucas, as they have not been deprived of all economically beneficial use of their property and (2) also did not suffer a taking under the more general test of Penn Central.
We will provide a more detailed summary of the Supreme Court's decision next week, including the Court's takings analysis.
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