Cato Supreme Court Review, 2001-2002 (Cato Supreme Court by Roger Pilon, James Swanson

By Roger Pilon, James Swanson

This new annual assessment from Cato analyzes the 2001/2002 superb courtroom time period, particularly taking a look at an important and much attaining instances of the yr.

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At 1490. 27 CATO SUPREME COURT REVIEW allow for single 6-month periods. The 1-year automatic pass is certainly within the range of common practice. Fourth, that 1-year period could be extended to cover cases that fall within the traditional scope of the police power, such as Stevens’s horror stories relating to public health and crime prevention measures. Given this modest alternative, Stevens has failed to make out any case for rolling moratoria without compensation. His ultimate claim is that local governments have to be given wide discretion to avoid ‘‘rushing through’’ the planning process.

V. S. 283 (1916). 25 CATO SUPREME COURT REVIEW What we must do, however, is apply the tort law consistently to early and latecomers alike. Thus, suppose we decide that the runoff in question does not constitute tortious behavior even if it leads to eutrophication of the lake. Now the incumbent owners could not be required to pay for the cleanup of damage that had already occurred, which would be chalked up to an act of God. ) But once that step is taken, what is the justification for preventing later builders from building?

Nor does it make sense to say that property that has been purchased is entitled to one level of protection while property that has been received as a gift is entitled to a different, lower level of protection. It is doubtful that Brennan meant to capture either of those two senses. From the context, it looks like Brennan’s test protects existing but not prospective uses—or, indeed, existing uses if done only prospectively. But that dichotomy clearly confounds any sensible or traditional definition of property, which is a bundle of rights that covers both present and future development.

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