Palazzolo v. Rhode Island | |
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Argued February 26, 2001 Decided June 28, 2001 | |
Full case name | Anthony Palazzolo v. Rhode Island, et al. |
Citations | 533 U.S. 606 (more) 121 S. Ct. 2448; 150 L. Ed. 2d 592; 2001 U.S. LEXIS 4910; 69 U.S.L.W. 4605; 52 ERC (BNA) 1609; 2001 Cal. Daily Op. Service 5439; 2001 Daily Journal DAR 6685; 32 ELR 20516; 2001 Colo. J. C.A.R. 3358; 14 Fla. L. Weekly Fed. S 458 |
Case history | |
Prior | On certiorari to the Rhode Island Supreme Court. |
Subsequent | Remanded to Rhode Island Supreme Court. |
Holding | |
A claimant does not waive his right to challenge a regulation as an uncompensated taking by purchasing property after the enactment of the regulation challenged. | |
Court membership | |
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Case opinions | |
Majority | Kennedy, joined by Rehnquist, O'Connor, Scalia, Thomas; Stevens (Part II–A) |
Concurrence | O'Connor |
Concurrence | Scalia |
Concur/dissent | Stevens |
Dissent | Ginsburg, joined by Souter, Breyer |
Dissent | Breyer |
Laws applied | |
U.S. Const. amends. V, XIV |
Palazzolo v. Rhode Island, 533 U.S. 606 (2001), is a United States Supreme Court case in which the Court held that a claimant does not waive his right to challenge a regulation as an uncompensated regulatory taking by purchasing property after the enactment of the regulation challenged.[1]
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