TAHOE-SIERRA PRESERVATION COUNCIL, INC., ET AL.
v.
TAHOE REGIONAL PLANNING AGENCY et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued January 7, 2002.
Decided April 23, 2002.
Attorney(s) appearing for the Case
Michael M. Berger argued the cause for petitioners. With him on the briefs were Gideon Kanner and Lawrence L. Hoffman.
John G. Roberts, Jr., argued the cause for respondents. With him on the brief were Frankie Sue Del Papa, Attorney General of Nevada, and William J. Frey, Deputy Attorney General, Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, Matthew Rodriquez, Senior Assistant Attorney General, and Daniel L. Siegel, Supervising Deputy Attorney General, E. Clement Shute, Jr., Fran M. Layton, Ellison Folk, John L. Marshall, and Richard J. Lazarus.
Solicitor General Olson argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Assistant Attorney General Cruden, Deputy Solicitor General Kneedler, and Malcolm L. Stewart.*
Stevens, J.,delivered the opinion of the Court, in which O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ.,joined. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 343. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 355.
United States Supreme Court.
Justice Stevens delivered the opinion of the Court.
The question presented is whether a moratorium on development imposed during the process of devising a comprehensive land-use plan constitutes a per se taking of property requiring compensation under the Takings Clause of the United States Constitution.1 This case actually involves two moratoria ordered by respondent Tahoe Regional Planning...
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