Before the end of its current term, the U.S. Supreme Court will issue its next decision concerning the Takings Clause, a subject that has previously sharply divided the Court and that has been followed closely by New Jersey land-use and environmental lawyers.
In contrast to last year’s Palazzolo v. Rhode Islandruling that involved a permanent taking, the pending case, Tahoe-Sierra Preservation Council, et al. v. Tahoe Regional Planning Agency, et al., involves whether a development moratorium resulted in a temporary taking. 533 U.S. 606 (2001); 216 F.3d 764, reh. en banc den. 228 F.3d 998 (9th Cir. 2000), cert. granted 533 U.S. 948 (2001).
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