takings clause (Connecticut) · Go Syfert
← Connecticut issues

takings clause in Connecticut

41 Connecticut opinions name it 3 courts 1988–2023 2 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (23)

CaseFollowedCited
Palazzolo v. Rhode Islandgreen
scotus · 2001 · cited in 4 Connecticut opinions naming this issue, 2002–2016
2 sentences

2016See, e.g., Palazzolo v. Rhode Island, 533 U.S. 606, 617 , 121 S. Ct. 2448 , 150 L.

2016See, e.g., Palazzolo v. Rhode Island, 533 U.S. 606, 617 , 121 S. Ct. 2448 , 150 L.

44
Webb's Fabulous Pharmacies, Inc. v. Beckwithgreen
scotus · 1980 · cited in 3 Connecticut opinions naming this issue, 1998–2010
2 sentences

2010See Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155, 160 , 101 S. Ct. 446, 66 L.

2010See Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155, 160 , 101 S. Ct. 446, 66 L.

23
New England Estates, LLC v. Town of Branfordgreen
conn · 2010 · cited in 2 Connecticut opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., New England Estates, LLC v. Branford, 294 Conn. 817, 848 , 988 A.2d 229 (2010) (claim for wrongful taking of property in violation of 42 U.S.C. § 1983 was not barred by res judicata effect of prior action regarding valuation of property because, ‘‘[i]n the valuation appeal, the owners could not have raised their claim that the town violated the public use require- ment of the takings clause’’); Connecticut National Bank v. Rytman, supra, 241 Conn. 49–52 (state law claims were not barred by res judicata effect of prior federal action under Racketeer Influenced and Corrupt Organizatio

2023See, e.g., New England Estates, LLC v. Branford, 294 Conn. 817, 848 , 988 A.2d 229 (2010) (claim for wrongful taking of property in violation of 42 U.S.C. § 1983 was not barred by res judicata effect of prior action regarding valuation of property because, ‘‘[i]n the valuation appeal, the owners could not have raised their claim that the town violated the public use require- ment of the takings clause’’); Connecticut National Bank v. Rytman, supra, 241 Conn. 49–52 (state law claims were not barred by res judicata effect of prior federal action under Racketeer Influenced and Corrupt Organizatio

22
State Department of Highways, Division of Highways v. Davisgreen
colo · 1981 · cited in 2 Connecticut opinions naming this issue, 1998–2002
2 sentences

2002Our Supreme Court has stated that "when reviewing a takings claim based upon an alleged infringement of an owner's legal right of access to CT Page 15785 property, a court must ascertain the degree to which such access is impaired by the regulatory action; see e.g., Colorado Dept. of Highways v. Davis . 626 P.2d 661 , 664 (Cob. 1981): including the extent to which the regulation deprives the owner of a reasonably convenient and suitable means of access." Cohen v. City of Hartford , 244 Conn. 206 , 221-22 (1998).

1998Thus, when reviewing a takings claim based upon an alleged infringement of an owner’s legal right of access to property, a court must ascertain the degree to which such access is impaired by the regulatory action; see, e.g., Colorado Dept. of Highways v. Davis, 626 P.2d 661, 664 (Colo. 1981); including the extent to which the regulation deprives the owner of a reasonably convenient and suitable means of access.

22
Miller v. Town of Westportgreen
conn · 2004 · cited in 2 Connecticut opinions naming this issue, 2015–2017
2 sentences

2017In other words, even though it was **70 unclear at the outset of the inverse condemnation action whether the plaintiff's damages claim was for a temporary or complete taking, the claim nevertheless was ripe and capable of resolution on the merits." (Citations omitted; footnote added.) Chapman Lumber, Inc. v. Tager , supra, at 88 , 952 A.2d 1 ; see also Miller v. Westport , 268 Conn. 207 , 216, 842 A.2d 558 (2004) (explaining that, under Cumberland Farms, Inc. , "the denial of a variance by a zoning board of appeals is considered a final decision by an initial decision maker, which is all that

2017In other words, even though it was **70 unclear at the outset of the inverse condemnation action whether the plaintiff's damages claim was for a temporary or complete taking, the claim nevertheless was ripe and capable of resolution on the merits." (Citations omitted; footnote added.) Chapman Lumber, Inc. v. Tager , supra, at 88 , 952 A.2d 1 ; see also Miller v. Westport , 268 Conn. 207 , 216, 842 A.2d 558 (2004) (explaining that, under Cumberland Farms, Inc. , "the denial of a variance by a zoning board of appeals is considered a final decision by an initial decision maker, which is all that

12
Port Clinton Associates v. Board of Selectmengreen
conn · 1991 · cited in 2 Connecticut opinions naming this issue, 1995–2008
2 sentences

2008Instead, the plaintiff argues that the right to build a dock is a riparian right; Orange v. Resnick, 94 Conn. 573 , 109 A. 864 (1920); that riparian rights are property; Port Clinton Associates v. Board of Selectmen, 217 Conn. 588 , 587 A.2d 126 , cert. denied, 502 U.S. 814 , 112 S. Ct. 64 , 116 L.

2008Instead, the plaintiff argues that the right to build a dock is a riparian right; Orange v. Resnick, 94 Conn. 573 , 109 A. 864 (1920); that riparian rights are property; Port Clinton Associates v. Board of Selectmen, 217 Conn. 588 , 587 A.2d 126 , cert. denied, 502 U.S. 814 , 112 S. Ct. 64 , 116 L.

12
John Corp. v. City of Houstongreen
ca5 · 2000 · cited in 1 Connecticut opinions naming this issue, 2019–2019
2 sentences

2019Although developed in the context of fifth amendment takings jurisprudence, the Williamson County ripeness doctrine also "applies to due process claims arising from the same nucleus of facts as a takings claim." Kurtz v. Verizon New York, Inc. , 758 F.3d 506 , 515 (2d Cir. 2014) (citing cases); see also John Corp. v. Houston , 214 F.3d 573 , 584 (5th Cir. 2000) ("Since Williamson County was decided, courts have applied these principles to not only substantive due process claims, but also to procedural due process and equal protection claims.

2019Although developed in the context of fifth amendment takings jurisprudence, the Williamson County ripeness doctrine also "applies to due process claims arising from the same nucleus of facts as a takings claim." Kurtz v. Verizon New York, Inc. , 758 F.3d 506 , 515 (2d Cir. 2014) (citing cases); see also John Corp. v. Houston , 214 F.3d 573 , 584 (5th Cir. 2000) ("Since Williamson County was decided, courts have applied these principles to not only substantive due process claims, but also to procedural due process and equal protection claims.

11
Caldwell, Iii v. United Statesgreen
cafc · 2004 · cited in 1 Connecticut opinions naming this issue, 2017–2017
1 sentence

2017See Chapman Lumber, Inc. v. Tager , supra, at 88 , 952 A.2d 1 ("even though it was unclear at the outset of the inverse condemnation action whether the plaintiff's damages claim was for a temporary or complete taking, the claim nevertheless was ripe and capable of resolution on the merits"); see also Caldwell v. United States , supra, 391 F.3d at 1234 ("[i]t is not unusual that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues").

11
Chapman Lumber, Inc. v. Tagergreen
conn · 2008 · cited in 1 Connecticut opinions naming this issue, 2017–2017
2 sentences

2017See Chapman Lumber, Inc. v. Tager , supra, at 88 , 952 A.2d 1 ("even though it was unclear at the outset of the inverse condemnation action whether the plaintiff's damages claim was for a temporary or complete taking, the claim nevertheless was ripe and capable of resolution on the merits"); see also Caldwell v. United States , supra, 391 F.3d at 1234 ("[i]t is not unusual that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues").

2017In other words, even though it was **70 unclear at the outset of the inverse condemnation action whether the plaintiff's damages claim was for a temporary or complete taking, the claim nevertheless was ripe and capable of resolution on the merits." (Citations omitted; footnote added.) Chapman Lumber, Inc. v. Tager , supra, at 88 , 952 A.2d 1 ; see also Miller v. Westport , 268 Conn. 207 , 216, 842 A.2d 558 (2004) (explaining that, under Cumberland Farms, Inc. , "the denial of a variance by a zoning board of appeals is considered a final decision by an initial decision maker, which is all that

11
Brady v. Town of Colchestergreen
ca1 · 1988 · cited in 1 Connecticut opinions naming this issue, 2017–2017
1 sentence

2017See Brady v. Colchester , 863 F.2d 205 , 212 (2d Cir. 1988) (in the context of fourteenth amendment due process claim, employing the term vested property right interchangeably with property interest ... that was protectable under the fourteenth amendment ....).

11
Kemp v. United Statesgreen
uscfc · 2005 · cited in 1 Connecticut opinions naming this issue, 2017–2017
1 sentence

2017Cir. 2004) ("[i]t is not unusual **76 that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues"), cert. denied, 546 U.S. 826 , 126 S.Ct. 366 , 163 L.Ed.2d 72 (2005) ; see also Kemp v. United States , 65 Fed.Cl. 818 , 824 (2005) (rejecting plaintiff's claim that statute of limitations for taking was tolled because, "until the property was sold, she had no way of knowing when the period as to which she was entitled to compensation would end"); *425 Kemp v. United States , supra, at 823 ("Plaintiff [property owner] argues that the temp

11
Commissioner of Transportation v. Larobinagreen
conn · 2005 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
Commissioner of Transportation v. Larobinagreen
connappct · 2005 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
Sgb Financial Services, Inc., Doing Business as Timber Ridge Apartments v. Consolidated City of Indianapolis-Marion County, Indianagreen
ca7 · 2000 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
Baker v. Commissioner of Correctiongreen
conn · 2005 · cited in 1 Connecticut opinions naming this issue, 2010–2010
1 sentence

2010General Statutes § 8-132 (b) (1); see also Commissioner of Transportation v. Larobina, 92 Conn. App. 15, 29 , 882 A. 2d 1265 (concluding that property owner may not, in context of valuation appeal taken pursuant to § 13a-76, challenge validity of condemnation), cert. denied, 276 Conn. 931 , 889 A.2d 816 (2005). *848 Applying these principles to the present case, we conclude that, in the valuation appeal, the owners could not have raised their claim that the town wrongfully took the property in violation of the public use requirement of the takings clause.

11
Carroll County v. City of Bremengreen
ga · 1986 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
Gohld Realty Co. v. City of Hartfordgreen
conn · 1954 · cited in 1 Connecticut opinions naming this issue, 2000–2000
11
DuPuy v. City of Wacogreen
tex · 1965 · cited in 1 Connecticut opinions naming this issue, 1998–1998
11
cluster 433880green
ca2 · 1984 · cited in 1 Connecticut opinions naming this issue, 1998–1998
11
Johnson v. United Statesgreen
cc · 1973 · cited in 1 Connecticut opinions naming this issue, 1998–1998
11
Palm Beach County v. Tesslergreen
fla · 1989 · cited in 1 Connecticut opinions naming this issue, 1998–1998
11
D'Addario v. Planning & Zoning Commissiongreen
connappct · 1991 · cited in 1 Connecticut opinions naming this issue, 1997–1997
11
Cider Barrel Mobile Home Court v. Eadergreen
md · 1980 · cited in 1 Connecticut opinions naming this issue, 1988–1988
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (56)

CaseCitedYears
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City red
scotus · 1985
2 sentences

2019The court reasoned that "[t]he [f]ifth [a]mendment does not proscribe the taking of property; it proscribes taking without just compensation"; id. ; and, therefore, a takings claim is "premature until the property owner has availed itself of the process" for obtaining just compensation.

2017The court then proceeded in its memorandum of decision to separately discuss the federal law requirement of ripeness, as set forth in Williamson County Regional Planning Commission v. Hamilton Bank , 473 U.S. 172 , 186, 105 S.Ct. 3108 , 87 L.Ed.2d 126 (1985), which provides that a takings claim "is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue." The court further noted in its discussion of the federal ripeness requirement that (1) a plaintiff is excused from obtai

41996–2019
Gil v. Inland Wetlands & Watercourses Agency green
conn · 1991
2 sentences

2002Gil v. Inland Wetlands and Watercourses Agency of the Town of Greenwich , 219 Conn. 404 , 593 A.2d 1368 (1991).

2002Gil v. Inland Wetlands and Watercourses Agency of the Town of Greenwich , 219 Conn. 404 , 593 A.2d 1368 (1991).

41997–2002
Cohen v. City of Hartford green
conn · 1998
2 sentences

2007The plaintiffs theory sounds less like a claim of improper retrospective application and more like a takings claim based on its “reasonable investment-backed expectations of use of the property.” (Internal quotation marks omitted.) Cohen v. Hartford, 244 Conn. 206 , 223-24 n.24, 710 A.2d 746 (1998).

2007The plaintiffs theory sounds less like a claim of improper retrospective application and more like a takings claim based on its “reasonable investment-backed expectations of use of the property.” (Internal quotation marks omitted.) Cohen v. Hartford, 244 Conn. 206 , 223-24 n.24, 710 A.2d 746 (1998).

32001–2007
Daoust v. McWilliams green
connappct · 1998
2 sentences

2023See, e.g., New England Estates, LLC v. Branford, 294 Conn. 817, 848 , 988 A.2d 229 (2010) (claim for wrongful taking of property in violation of 42 U.S.C. § 1983 was not barred by res judicata effect of prior action regarding valuation of property because, ‘‘[i]n the valuation appeal, the owners could not have raised their claim that the town violated the public use require- ment of the takings clause’’); Connecticut National Bank v. Rytman, supra, 241 Conn. 49–52 (state law claims were not barred by res judicata effect of prior federal action under Racketeer Influenced and Corrupt Organizatio

2023See, e.g., New England Estates, LLC v. Branford, 294 Conn. 817, 848 , 988 A.2d 229 (2010) (claim for wrongful taking of property in violation of 42 U.S.C. § 1983 was not barred by res judicata effect of prior action regarding valuation of property because, ‘‘[i]n the valuation appeal, the owners could not have raised their claim that the town violated the public use require- ment of the takings clause’’); Connecticut National Bank v. Rytman, supra, 241 Conn. 49–52 (state law claims were not barred by res judicata effect of prior federal action under Racketeer Influenced and Corrupt Organizatio

22023–2023
Penn Central Transportation Co. v. New York City green
scotus · 1978
2 sentences

1996In upholding the trial court's decision, however, the Port Clinton court reasoned that, although the plaintiff received a decision of the final decision maker (the board of selectmen), the board's adverse decision could not be considered a "final" decision because "a property owner must do more than submit one plan to an agency in order to establish that the agency's decision is `final' for purposes of the takings clause." Id., 607 , citing MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 359 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986) (owner filed one application to subdivide property in

1996In upholding the trial court's decision, however, the Port Clinton court reasoned that, although the plaintiff received a decision of the final decision maker (the board of selectmen), the board's adverse decision could not be considered a "final" decision because "a property owner must do more than submit one plan to an agency in order to establish that the agency's decision is `final' for purposes of the takings clause." Id., 607 , citing MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 359 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986) (owner filed one application to subdivide property in

21996–2010
MacDonald, Sommer & Frates v. Yolo County green
scotus · 1986
2 sentences

2002Similarly, the United States Supreme Court requires a property owner to obtain "a final decision regarding the application of the zoning ordinance and subdivision regulations to its property, [prior to analyzing a takings claim, otherwise] it is impossible to tell whether the land retains any reasonable beneficial use or whether existing expectation interests have been destroyed." (Brackets omitted; internal quotation marks omitted.) MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 349 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986).

2002Similarly, the United States Supreme Court requires a property owner to obtain "a final decision regarding the application of the zoning ordinance and subdivision regulations to its property, [prior to analyzing a takings claim, otherwise] it is impossible to tell whether the land retains any reasonable beneficial use or whether existing expectation interests have been destroyed." (Brackets omitted; internal quotation marks omitted.) MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 349 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986).

21996–2002
San Diego Gas & Electric Co. v. City of San Diego green
scotus · 1981
2 sentences

1996In upholding the trial court's decision, however, the Port Clinton court reasoned that, although the plaintiff received a decision of the final decision maker (the board of selectmen), the board's adverse decision could not be considered a "final" decision because "a property owner must do more than submit one plan to an agency in order to establish that the agency's decision is `final' for purposes of the takings clause." Id., 607 , citing MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 359 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986) (owner filed one application to subdivide property in

1996In upholding the trial court's decision, however, the Port Clinton court reasoned that, although the plaintiff received a decision of the final decision maker (the board of selectmen), the board's adverse decision could not be considered a "final" decision because "a property owner must do more than submit one plan to an agency in order to establish that the agency's decision is `final' for purposes of the takings clause." Id., 607 , citing MacDonald, Sommer Frates v. Yolo County , 477 U.S. 340 , 359 , 106 S.Ct. 2561 , 91 L.Ed.2d 285 (1986) (owner filed one application to subdivide property in

21996–1999
Severance v. Patterson green
ca5 · 2009
1 sentence

2019Thus, pursuant to Williamson County , a plaintiff's takings claim is not ripe for review until (1) the relevant administrative agency has arrived at a final, definitive decision, and (2) the plaintiff has sought just compensation through the procedures provided by the state. 15 See Sherman v. Chester , 752 F.3d 554 , 561 (2d Cir. 2014) (recognizing that, for takings claim to be ripe under Williamson County doctrine, "the plaintiff must show that (1) the state regulatory entity has rendered a final decision on the matter, and (2) the plaintiff has sought just compensation by means of an availab

12019–2019
State v. Outagamie County Board of Adjustment green
wis · 2001
2 sentences

2019The difference between the two standards explains why a variance from a zoning ordi- nance can be granted under conditions in which the application of that particular zoning ordinance would not result in an unconstitutional taking of property.’’ [Citation omitted; emphasis in original.]); State v. Board of Adjustment, 244 Wis. 2d 613, 642 , 628 N.W.2d 376 (2001) (‘‘[t]he unnecessary hardship standard ‘is neither the same nor as demanding as a takings analysis’ ’’ [emphasis in original]); 8 E.

2019The difference between the two standards explains why a variance from a zoning ordi- nance can be granted under conditions in which the application of that particular zoning ordinance would not result in an unconstitutional taking of property.’’ [Citation omitted; emphasis in original.]); State v. Board of Adjustment, 244 Wis. 2d 613, 642 , 628 N.W.2d 376 (2001) (‘‘[t]he unnecessary hardship standard ‘is neither the same nor as demanding as a takings analysis’ ’’ [emphasis in original]); 8 E.

12019–2019
Kurtz v. Verizon New York, Inc. green
ca2 · 2014
2 sentences

2019Although developed in the context of fifth amendment takings jurisprudence, the Williamson County ripeness doctrine also "applies to due process claims arising from the same nucleus of facts as a takings claim." Kurtz v. Verizon New York, Inc. , 758 F.3d 506 , 515 (2d Cir. 2014) (citing cases); see also John Corp. v. Houston , 214 F.3d 573 , 584 (5th Cir. 2000) ("Since Williamson County was decided, courts have applied these principles to not only substantive due process claims, but also to procedural due process and equal protection claims.

2019Although developed in the context of fifth amendment takings jurisprudence, the Williamson County ripeness doctrine also "applies to due process claims arising from the same nucleus of facts as a takings claim." Kurtz v. Verizon New York, Inc. , 758 F.3d 506 , 515 (2d Cir. 2014) (citing cases); see also John Corp. v. Houston , 214 F.3d 573 , 584 (5th Cir. 2000) ("Since Williamson County was decided, courts have applied these principles to not only substantive due process claims, but also to procedural due process and equal protection claims.

12019–2019
Sherman v. Town of Chester green
ca2 · 2014
1 sentence

2019Thus, pursuant to Williamson County , a plaintiff's takings claim is not ripe for review until (1) the relevant administrative agency has arrived at a final, definitive decision, and (2) the plaintiff has sought just compensation through the procedures provided by the state. 15 See Sherman v. Chester , 752 F.3d 554 , 561 (2d Cir. 2014) (recognizing that, for takings claim to be ripe under Williamson County doctrine, "the plaintiff must show that (1) the state regulatory entity has rendered a final decision on the matter, and (2) the plaintiff has sought just compensation by means of an availab

12019–2019
Caldwell v. United States green
cafc · 2005
1 sentence

2017Cir. 2004) ("[i]t is not unusual **76 that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues"), cert. denied, 546 U.S. 826 , 126 S.Ct. 366 , 163 L.Ed.2d 72 (2005) ; see also Kemp v. United States , 65 Fed.Cl. 818 , 824 (2005) (rejecting plaintiff's claim that statute of limitations for taking was tolled because, "until the property was sold, she had no way of knowing when the period as to which she was entitled to compensation would end"); *425 Kemp v. United States , supra, at 823 ("Plaintiff [property owner] argues that the temp

12017–2017
C & H Management, LLC v. City of Shelton green
connappct · 2013
2 sentences

2017In C & H Management, LLC v. Shelton , 140 Conn.App. 608 , 615-16, 59 A.3d 851 (2013), the Appellate Court similarly concluded that a temporary takings claim was barred by res judicata when the plaintiff management company previously had brought a successful mandamus action to compel the defendant city to issue a building permit on a particular parcel of land.

2017In C & H Management, LLC v. Shelton , 140 Conn.App. 608 , 615-16, 59 A.3d 851 (2013), the Appellate Court similarly concluded that a temporary takings claim was barred by res judicata when the plaintiff management company previously had brought a successful mandamus action to compel the defendant city to issue a building permit on a particular parcel of land.

12017–2017
Baker v. Whitnum-Baker neutral
conn · 2016
1 sentence

2017Consistent with the foregoing principles, the Appellate Court, in **72 Buck v. Berlin , 163 Conn.App. 282 , 293, 135 A.3d 1237 , cert. denied, 321 Conn. 922 , 138 A.3d 283 (2016), concluded that a takings claim predicated on the defendant town's placement of a gate across a road that provided the sole access to the land of the plaintiff property owners was barred by res judicata because the property owners, in an earlier injunction action, had sought to enjoin the town from blocking the road.

12017–2017
Willman v. St. Paul Fire & Marine Insurance green
scotus · 2005
2 sentences

2017Cir. 2004) ("[i]t is not unusual **76 that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues"), cert. denied, 546 U.S. 826 , 126 S.Ct. 366 , 163 L.Ed.2d 72 (2005) ; see also Kemp v. United States , 65 Fed.Cl. 818 , 824 (2005) (rejecting plaintiff's claim that statute of limitations for taking was tolled because, "until the property was sold, she had no way of knowing when the period as to which she was entitled to compensation would end"); *425 Kemp v. United States , supra, at 823 ("Plaintiff [property owner] argues that the temp

2017Cir. 2004) ("[i]t is not unusual **76 that the precise nature of the takings claim, whether permanent or temporary, will not be clear at the time it accrues"), cert. denied, 546 U.S. 826 , 126 S.Ct. 366 , 163 L.Ed.2d 72 (2005) ; see also Kemp v. United States , 65 Fed.Cl. 818 , 824 (2005) (rejecting plaintiff's claim that statute of limitations for taking was tolled because, "until the property was sold, she had no way of knowing when the period as to which she was entitled to compensation would end"); *425 Kemp v. United States , supra, at 823 ("Plaintiff [property owner] argues that the temp

12017–2017
Curran v. Zubkova neutral
conn · 2016
1 sentence

2017Consistent with the foregoing principles, the Appellate Court, in **72 Buck v. Berlin , 163 Conn.App. 282 , 293, 135 A.3d 1237 , cert. denied, 321 Conn. 922 , 138 A.3d 283 (2016), concluded that a takings claim predicated on the defendant town's placement of a gate across a road that provided the sole access to the land of the plaintiff property owners was barred by res judicata because the property owners, in an earlier injunction action, had sought to enjoin the town from blocking the road.

12017–2017
Barron Ex Rel. Tiernan v. Mayor of Baltimore green
scotus · 1833
2 sentences

2016Thus, in Barron v. Mayor & City Council , 32 U.S. (7 Pet.) 243, 250 , 8 L.Ed. 672 (1833), the court rejected a claim that the fifth amendment's takings clause applied to state legislation.

2016Thus, in Barron v. Mayor & City Council , 32 U.S. (7 Pet.) 243, 250 , 8 L.Ed. 672 (1833), the court rejected a claim that the fifth amendment's takings clause applied to state legislation.

12016–2016
City of Bristol v. Tilcon Minerals, Inc. green
conn · 2007
2 sentences

2015The trial court’s conclusions must stand unless they are legally or logi- cally inconsistent with the facts found or unless they involve the application of some erroneous rule of law material to the case.’’ (Citation omitted; internal quota- tion marks omitted.) Bristol v. Tilcon Minerals, Inc., 284 Conn. 55, 83 , 931 A.2d 237 (2007). ‘‘The [United States] Supreme Court has generally eschewed any set formula for identifying regulatory takings, instead preferring to engage in essentially ad hoc, factual inquiries to determine in each case whether the challenged property restriction rises to the

2015The trial court’s conclusions must stand unless they are legally or logi- cally inconsistent with the facts found or unless they involve the application of some erroneous rule of law material to the case.’’ (Citation omitted; internal quota- tion marks omitted.) Bristol v. Tilcon Minerals, Inc., 284 Conn. 55, 83 , 931 A.2d 237 (2007). ‘‘The [United States] Supreme Court has generally eschewed any set formula for identifying regulatory takings, instead preferring to engage in essentially ad hoc, factual inquiries to determine in each case whether the challenged property restriction rises to the

12015–2015
184 Windsor Avenue, LLC. v. State green
conn · 2005
12010–2010
Brown v. Legal Foundation of Washington green
scotus · 2003
12010–2010
Tamm v. Burns green
conn · 1992
12010–2010
Boston Chamber of Commerce v. City of Boston green
scotus · 1910
12010–2010
G.T. Scott v. Greenville County green
ca4 · 1983
12010–2010
Essex Fells v. Kessler Inst. green
njsuperctappdiv · 1995
12010–2010
Town of Orange v. Resnick green
conn · 1920
12008–2008
Bilzerian v. United States green
scotus · 1991
12008–2008
Quirk v. Town of Sandwich green
scotus · 1991
12008–2008
Gilliam v. Black green
· 1919
12008–2008
Massachusetts v. United States green
scotus · 1978
12003–2003
Bauer v. Waste Management of Connecticut, Inc. green
conn · 1995
12002–2002
Scalzo v. City of Danbury green
conn · 1992
12002–2002
Cumberland Farms, Inc. v. Town of Groton green
conn · 1998
12002–2002
City of Torrington v. Coles green
conn · 1967
12000–2000
Dolan v. City of Tigard green
scotus · 1994
12000–2000
Fishman v. City of Stamford green
conn · 1970
12000–2000
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics green
scotus · 1970
12000–2000
Huie v. Board of Commissioners of the Alabama State Bar green
scotus · 1970
12000–2000
Fishman v. City of Stamford green
scotus · 1970
12000–2000
Textron, Inc. v. Wood green
conn · 1974
11999–1999
Corthouts v. Town of Newington green
conn · 1953
11997–1997

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 51-199 (11) USC § 42u.s.c.1983 (10) CT § Conn. Gen. Stat. § 8-8 (5) CT § Conn. Gen. Stat. § 52-215 (3) CT § Conn. Gen. Stat. § 7-148 (3) CT § Conn. Gen. Stat. § 8-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 409 (1993–2026) CA 136 (1982–2026) WA 73 (1984–2026) IL 47 (1991–2025) OH 42 (1992–2026) CT 41 (1988–2023) MI 35 (1989–2026) FL 35 (1992–2026) PA 32 (1992–2026) NY 29 (1987–2026) OR 27 (1992–2024) MA 26 (1988–2025) UT 22 (1990–2020) CO 20 (1993–2025) MN 18 (1990–2025) SC 18 (1991–2023) GA 17 (1994–2025) MD 17 (1989–2024) IA 17 (1993–2023) RI 17 (1996–2026) NJ 17 (1991–2025) NM 16 (1995–2026) WI 14 (1995–2026) ID 14 (2003–2022) NC 13 (1989–2026) VT 13 (1994–2025) LA 12 (1994–2026) AK 11 (1987–2025) HI 11 (1995–2025) ME 11 (1982–2025) NV 10 (2007–2024) DC 10 (1998–2024) MO 10 (1990–2021) MT 10 (2001–2022) AZ 10 (1995–2024) NH 9 (2000–2023) ND 8 (2005–2024) IN 7 (1993–2026) NE 7 (2000–2022) SD 6 (2002–2024) MS 6 (2002–2026) VA 5 (2001–2017) KS 4 (1996–2012) WV 4 (2003–2020) DE 3 (2016–2022) AR 2 (1999–2025) WY 2 (2017–2017) OK 2 (2004–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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