Martin Flumenbaum, left, and Brad S. Karp The Relevance of Pretextual Motives in Takings Clause Challenges
In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
May 21, 2024 at 10:00 AM
8 minute read
In Brinkmann v. Town of Southold, 96 F.4th 209 (2d Cir. 2024), the U.S. Court of Appeals for the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
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