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:
Whetherthe Takings Clause of the Fifth Amendment to the Constitution prohibitsa municipality from taking private property for “public use” when themunicipality’s public use determination is ad hoc, pretextual, and notpart 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.