_______________________________________________________________ _______________________________________________________________ Report Information from ProQuest July 14 2017 11:24 _______________________________________________________________ 14 July 2017 ProQuest Table of contents 1. U.S. News: Court Rebuffs Owner In Land-Use Ruling................................................................................. 1 14 July 2017 ii ProQuest Document 1 of 1 U.S. News: Court Rebuffs Owner In Land-Use Ruling Author: Bravin, Jess Publication info: Wall Street Journal , Eastern edition; New York, N.Y. [New York, N.Y]24 June 2017: A.3. ProQuest document link Abstract (English): The Supreme Court fortified environmental land-use regulations against legal challenges, frustrating property-rights activists who hoped their test case would open a host of development restrictions to constitutional attack. [...]courts should consider such factors as "the treatment of the land under state and local law; the physical characteristics of the land;... Links: Check Full Text Finder for Full Text Full text: WASHINGTON -- The Supreme Court fortified environmental land-use regulations against legal challenges, frustrating property-rights activists who hoped their test case would open a host of development restrictions to constitutional attack. The case involved a fundamental question in evaluating whether a regulation amounts to a "taking" of private property: Should courts look only at the portion of the property affected by regulation -- an approach more likely to find a taking -- or at the entire property, in which the value potentially lost to regulation likely would be much smaller. Writing for the court, Justice Anthony Kennedy endorsed the whole-property approach, laying out legal standards directing lower courts to look at the big picture in land-use cases, rather than narrower interests. "Like the ultimate question whether a regulation has gone too far, the question of the proper parcel in regulatory takings cannot be solved by any simple test," Justice Kennedy wrote. Instead, courts should consider such factors as "the treatment of the land under state and local law; the physical characteristics of the land; and the prospective value of the regulated land," Justice Kennedy wrote, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. The dispute involved a property along the Wisconsin bank of the St. Croix River, which has long been protected under the Wild and Scenic Rivers Act. The question was whether two adjacent lots owned by the same family since the 1960s should be viewed as a single property or separate parcels. State and local law considered the parcels, which together had almost an acre of buildable land, merged since the 1990s, when they passed to four siblings in the Murr family. That became a problem for the Murrs years later, when they sought to sell one of the original parcels, known as Lot E, to pay for improvements on the other, Lot F. Regulations designed to prevent overdevelopment of the scenic area restricted sales of parcels smaller than a certain size. Lot E didn't qualify, and St. Croix County rejected the Murrs' application for a variance. The high court backed the county's rejection of the application. Chief Justice John Roberts, joined by Justices Clarence Thomas and Samuel Alito dissented from the decision. Credit: By Jess Bravin Subject: Supreme Court decisions; Regulation; Location: United States--US People: Breyer, Stephen G Sotomayor, Sonia Alito, Samuel Jr Roberts, John G Jr Kagan, Elena Publication title: Wall Street Journal, Eastern edition ; New York, N.Y. Pages: A.3 14 July 2017 Page 1 of 2 ProQuest Publication year: 2017 Publication date: Jun 24, 2017 Publisher: Dow Jones & Company Inc Place of publication: New York, N.Y. Country of publication: United States Publication subject: Business And Economics--Banking And Finance ISSN: 00999660 Source type: Newspapers Language of publication: English Document type: News ProQuest document ID: 1912892252 Document URL: https://login.ezproxy.chaminade.edu/login?url=https://search.proquest.com/docview/1912892252?accountid=28 738 Copyright: (c) 2017 Dow Jones & Company, Inc. Reproduced with permission of copyright owner. Further reproduction or distribution is prohibited without permission. Last updated: 2017-06-24 Database: The Wall Street Journal _______________________________________________________________ Contact ProQuest Copyright 2017 ProQuest LLC. All rights reserved. - Terms and Conditions 14 July 2017 Page 2 of 2 ProQuest