▪ Post-Kelo Cert. Petition (MiPro) Denied

The US Supreme Court has denied review to MiPro Homes, L.L.C. v. Mount Laurel Township (No. 06-1345) (docket listing here).  The question the Court was asked to review was:

Whether the Takings Clause of the Fifth Amendment to the Constitution prohibits a municipality from taking private property for "public use" when the municipality's public use determination is ad hoc, pretextual, and not part of a comprehensive planning process.

A summary of the case, including the petition and the decisions of the New Jersey courts is posted here.

Also denied was McNamara v. City of Rittman (No. 06-1481) (docket listing here), a petition asking the court to reconsider the ruling in Williamson County Regional Planning Comm'n v. Hamilton Bank, 473 U.S. 172 (1985), which requires a property owner to utilize available state compensation remedies prior to suing in federal court for a regulatory taking or inverse condemnation.  The Sixth Circuit's decision is here.