Wandering Far from Tahoe: Reflections on the Relevant Parcel Definition and Nuisance Defense in R.T.G., Inc. v. State of Ohio

Abstract

Those of us who represent planners and local officials in regulatory takings cases certainly expected the property rights movement to attempt to circumvent last year's landmark decision in Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), 54 ZD 329. What we did not expect is for judges to ignore the ruling altogether.