The US Supreme Court today denied review to three cases we’ve been following:
- Goldstein v. Pataki, No. 07-1247 (petition for cert. filed Mar. 31, 2008) (pleading pretext post-Kelo) – Justice Alito would have granted the petition. Justice Alito had not been appointed to the Court at the time of Kelo, so this may signal another vote for property owners if this issue ever makes it back up.
- Matsuda v. City and County of Honolulu, No. 07-1305 (petition for cert. filed Apr. 14, 2008) (can a city bind itself to exercise eminent domain)
- Clark County v. Vacation Village, Inc., No. 07-373 (petition for cert. filed Sep. 17, 2007) (can state law award compensation for a taking of airspace)
Here’s the Order.