Town of Gurley v. M & N Materials, Inc.

(concurring in the result in case no. 1110439 and dissenting in case no. 1110507, as substituted on denial of applications for rehearing on September 27, 2013).

I concur in the result in case no. 1110439; I dissent in case no. 1110507. I write in reference to the latter case.

There are two issues in case no. 1110507: (1) the substantive meaning of the “takings clause” in § 23 of our State Constitution, specifically whether it prohibits “regulatory takings” without just compensation, and, (2) if it does, whether the takings clause in § 23 limits the power of municipalities. I will address both…