Tahoe Preservation Council v. Tahoe

2002

Court: US Supreme Court

Facts: Moratorium on construction in lots in Tahoe, while the planning commission figures out how to zone to protect the environment.

Posture: Injunction while they sit and thing. It goes on for six years.

Issue: Is a moratorium on development a taking per se?

Holding: No.

Rule: Takings are evaluated on a case-by-case basis.

Reasoning: A given moratorium could be a taking, or not. Need to look at the whole situation. (Penn Central).

Dicta: Six years is a long time. Would we call any prohibition "temporary," then?