No. 96-243.

520 U.S. 725 (1997)

117 S.Ct. 1659

137 L.Ed.2d 980


Supreme Court of United States.

Decided May 27, 1997.

Attorney(s) appearing for the Case

R. S. Radford argued the cause for petitioner. With him on the briefs were Robin L. Rivett, Victor J. Wolski, and William Patterson Cashill.

Richard J. Lazarus argued the cause for respondent. With him on the brief were J. Peter Byrne, J. Thomas Susich, Vicki E. Hartigan, Rachelle J. Nicolle, and Susan E. Scholley.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Anne S. Almy, and John A. Bryson.*

Souter, J.,delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Ginsburg, and Breyer, JJ., joined, and in which O'Connor, Scalia, and Thomas, JJ., joined except as to Parts II—B and II—C. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor and Thomas, JJ., joined, p. 745.

Justice Souter, delivered the opinion of the Court.

Petitioner Bernadine Suitum owns land near the Nevada shore of Lake Tahoe. Respondent Tahoe Regional Planning Agency, which regulates land use in the region, determined that Suitum's property is ineligible for development but entitled to receive certain allegedly valuable "Transferable Development Rights" (TDR's). Suitum has brought an action for compensation under Rev....

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