Legal Opinion · Dissent

Hamilton Bank of Johnson City v. Williamson County Regional Planning Commission

Court of Appeals for the Sixth Circuit

Decided March 7, 1984No. 82-5388Published

1DissentWellford, Circuit Judge

I would agree with the majority’s conclusion that “the Supreme Court has not set forth a clear standard by which to determine whether particular conduct amounts to a ‘taking’ under the fifth amendment.”1 I would also agree with its conclusion that “the purpose served by the Planning Commission’s actions now in dispute ... [is] ... a legitimate public purpose.” It seems clear that depriving the owner of the most profitable use of land and the fact that governmental planning or zoning action substantially diminishes the value of land does not amount to a taking. Penn Central Transp. Co. v. New…

2Cases cited24 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. United States v. CausbySupreme Court of the United States · 1946

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