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? |