Real Estate & Property Law

Cert Denied in Braun

By Robert Thomas (inversecondemnation.com)

The U.S. Supreme Court today issued an order denying review of the Sixth Circuit's decision in Braun v. Ann Arbor Charter Township, 519 F.3d 564 (6th Cir. 2008), a case we discussed here. The petition expressly asked the Court to overrule Williamson County. In San Remo Hotel, L.P. v. City & County of San Francisco, 545 U.S. 323 (2005) four Justices wrote separately to note their belief that Williamson County should be revisited:

Finally, Williamson County's state-litigation rule has created some real anomalies, justifying our revisiting the issue... I joined the opinion of the Court in Williamson County. But further reflection and experience lead me to think that the justifications for its state-litigation requirement are suspect, while its impact on takings plaintiffs is dramatic... In an appropriate case, I believe the Court should reconsider whether plaintiffs asserting a Fifth Amendment takings claim based on the final decision of a state or local government entity must first seek compensation in state courts.

Braun was at least the third cert petition filed this term asking the Court to overrule Williamson County.  See Agripost, LLC v. Miami-Dade County, Florida, No. 08-567 (cert. petition filed Oct. 27, 2008) and Charles A. Pratt Constr. Co., Inc. v. California Coastal Comm'n, No. 08-668 (cert. petition filed Nov. 18, 2008).

Given the Catch-22 situation the Williamson County rule creates, there no doubt will be more.

Full post as published by inversecondemnation on December 01, 2008 (boomark / email).