William Becker, et al. v. City of Hillsboro, Missouri
FifthAmendment Takings
Whether the Court of Appeals improperly declined to recognize an unconstitutional regulatory taking under Nollan, Dolan, and Lucas precedents
1. Whether the Court of A ppeals declined to follow this Court’s opinion in Yee v. City of Escondido , 503 U.S. 519 (1992) by holding that Petitioners had waived on appeal the argument of an unconstitutional regulatory taking under Nollan v. California Coastal Commission , 483 U.S. 825 (1987) and Dolan v. City of Tigard , 512 U.S. 374 (1994) even though they had consistently asserted unconstitutional taking claims under both the United States and Missouri Constitutions. 2. Whether government land use regulations which effectively eliminate all use of private property for anything but vacant land amount to an unconstitutional taking under Lucas v. South Carolina Coastal Council , 505 U.S. 1003 (1992)