Lynn Lumbard v. City of Ann Arbor

CONCURRENCE

To find a good illustration of the law of unintended consequences, one need look no further than the Supreme Court's decision in Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City , 473 U.S. 172 , 105 S.Ct. 3108 , 87 L.Ed.2d 126 (1985). The Court's actual holding was pedestrian: that Hamilton Bank's takings claim was unripe because the bank had not exhausted its administrative remedies, specifically its right to ask the County for a variance to develop the property in the manner proposed. Id. at 193-94 , 105 S.Ct. 3108 . In dictum, however-dictum in the…