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Thomas, Kennedy Seek to Revisit San Remo Ruling

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The U.S. Supreme Court declined on April 25 to take a case from Connecticut that would have overturned the 1985 case Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City, 473 U. S. 172, a pre-First English case in which the court ruled that property owners seeking to a regulatory taking case in federal court have to first ensure that all administrative remedies at the local or state level are exhausted and then seek compensation through whatever mechanism is provided by the state.

However, Justices Clarence Thomas and Anthony Kennedy dissented from the denial of certiorari in Arrigoni Enterprises v. Town of Durham, saying they wanted to use the case to revisit the questions about Williamson County raised in the dissent in the 2005 Supreme Court case, San Remo Hotel v. San Francisco, 545 U.S. 323. That case involving a dispute going back decades over payment of an in-lieu fee or provision of replacement units when a hotel is converted from residential to tourist use.

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