Landgate, Inc. v. California Coastal Commission

BROWN, J., Dissenting.

The more things change, the more they remain the same. That is certainly true with respect to this court’s takings jurisprudence. Almost 20 years ago, Justice Brennan, dissenting in San Diego Gas & Electric Co. v. San Diego (1981) 450 U.S. 621, 636 [101 S.Ct. 1287, 1296, 67 L.Ed.2d 551], charged this court with sacrificing the right to just compensation guaranteed by the Fifth Amendment on an altar “of policy judgments made by the . . . judicial branch[].” (Id. at p. 661 [101 S.Ct. at p. 1309], fn. omitted.) Although the deference commanded by the high court’s precedents…