Whether the loss of all developmental use of property and a 91.5% decline in its value is a sufficient 'economic impact' to support a regulatory takings claim under Penn Central

QUESTIONS PRESENTED In Penn Central Transp. Co. v. N. Y., 488 U.S. 104 (1978), this Court held that Fifth Amendment “regulatory takings” claims are governed by three factors: the “economic impact” of the challenged regulatory action, the extent of interference with a property owner’s “distinct investment-backed expectations” and the “character of the governmental action.” Id. The Massachusetts Appeals Court applied the Penn Central factors to hold that Respondent Town of Falmouth (Town) did not unconstitutionally take Petitioner Janice Smyth’s (Mrs. Smyth) property by denying a permit to build a home. Mrs. Smyth’s parents purchased the lot in 1975 for $49,000 ($216,000 in today’s dollars), but did not develop it. In the meantime, the entire subdivision was developed. When Mrs. Smyth inherited the lot and sought to build, the Town refused to grant a permit based on regulation post-dating her interest. The denial left Mrs. Smyth’s lot without any possible use except as a “playground” or “park,” and stripped it of 91.5% of its value. Yet, the court below held that none of the Penn Central factors weighed in favor of a taking under these circumstances. The questions presented are: 1. Whether the loss of all developmental use of property and a 91.5% decline in its value is a sufficient “economic impact” to support a regulatory takings claim under Penn Central. 2. Whether a person who acquires land in a developed area, prior to regulation, has a legitimate “expectation” of building and, if so, whether that ii interest can be defeated by a lack of investment in construction? 3. Whether the Court should excise the “character” factor from Penn Central regulatory taking analysis. ili RULE 14.1(b)(iii) STATEMENT OF RELATED CASES The proceedings in the Commonwealth of Massachusetts trial and appellate courts identified below are directly related to the above-captioned case in this Court. Janice Smyth v. Conservation Commission of Falmouth, Case No. 2012-00687 (Mass. Supp.). Date of Judgment: Apr. 6, 2017. Janice Smyth v. Conservation Commission of Falmouth, Case No. 17-P-1189 (Mass. App. Ct.). Date of Judgment: Feb. 19, 2019. Janice Smyth v. Falmouth Conservation Commission, Case No. FAR-26693 (Mass.). The Supreme Judicial Court for the Commonwealth of Massachusetts denied Petitioner’s Application for Further Appellate Review on May 9, 2019.