K & K Construction, Inc. v. Department of Environmental Quality

The trial court entered judgment in favor of plaintiffs against defendant. Defendant appeals the judgment, and we reverse and enter judgment in favor of defendant.

I. NATURE OF THE CASE

When a citizen claims that a governmental land-use regulation, or its regulatory implementation, adversely affects the value of his or her property, and seeks just compensation under the Taking Clause of the Fifth Amendment,1 our courts must decide whether the challenged governmental action, and its consequent effect on private property, constitutes a “regulatory taking” under federal and state taking…