Takings nerd alert: we posted about this case late last year, when the Wisconsin Court of Appeals held that two separate parcels owned by the same family must be treated as a single unit for purposes of determining whether there's been a taking. Eventually, the Wisconsin Supreme Court denied review.
So here's the next step, the cert petititon in Murr v. Wisconsin, No. ___ (filed Aug. 14, 2015), which asks the U.S. Supreme Court to review a single Question Presented:
In a regulatory taking case, does the "parcel as a whole" concept as described in Penn Central Transportation Company v. City of New York, 438 U.S. 104, 130-31 (1978), establish a rule that two legally distinct, but commonly owned contiguous parcels, must be combined for takings analysis purposes?Read this post for more background. Disclosure: the petitioners are represented by Pacific Legal Foundation, and we manage PLF's Hawaii operation, although we had no part in the preparation of this petition.
Petition for Writ of Certiorari, Murr v. Wisconsin, No. ___ (Aug. 14, 2015)