The U.S. Supreme Court has decided not to take up a Connecticut-based “takings” case in which a small company complained that the town of Durham was blocking development of a 10-acre parcel.

On April 25, the court denied Arrigoni Enterprises’ petition for a writ of certiorari, though two justices favored granting cert. The company wants to put industrial buildings on the land, but has been unsuccessful for more than a decade in winning approval from Durham’s land use boards. In its petition, the company asserted its situation goes to the heart of the Takings Clause of the Fifth Amendment, which prohibits the taking of private property for public use without just compensation.

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