Real Estate & Property Law

Cert Petition to Overrule Williamson County Denied

By rht

The US Supreme Court has denied a petition to review a Seventh Circuit opinion which dismissed a property owner's regulatory takings challenge on ripeness grounds under Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U.S. 172 (1985).  The questions presented by the petition called for overruling Williamson County. 

The case is Peters v. Village of Clifton, No. 07-635.  The Supreme Court order is here.  A summary of the Williamson County rule, the petition, and amicus briefs can be found in this post.

This issue isn't going away.  Four Justices in San Remo Hotel, L.P. v. City & County of San Francisco, 545 U.S. 323 (2005) stated that the ripeness rule needed to be revisited and overruled. 

Full post as published by inversecondemnation on March 03, 2008 (boomark / email).