| Court: | US Supreme Court |
| Facts: | Penn Central is a landmark. The city designates it as protected, which means the owners can't build a new one. |
| Posture: | Not Clear |
| Issue: | Do these restrictions constitute a taking? |
| Holding: | No. |
| Rule: | It's not a taking just to show that you can't do what you thought you'd be able to. |
| Reasoning: | Diminution in value alone doesn't count as a taking. We determine these things on a case-by-case basis. They can still use the terminal as-is, and the preservation plan benefits the public. Also, we look at each situation on a case-by-case basis. |
| Dicta: | Penn central can't do any further development because they did too good a job on the original building. |