No. 24-1055

William Becker, et al. v. City of Hillsboro, Missouri

Lower Court: Eighth Circuit
Docketed: 2025-04-07
Status: Denied
Type: Paid
Tags: appellate-review constitutional-law land-use-regulation property-rights regulatory-taking takings-clause
Key Terms:
FifthAmendment Takings
Latest Conference: 2025-06-05
Question Presented (AI Summary)

Whether the Court of Appeals improperly declined to recognize an unconstitutional regulatory taking under Nollan, Dolan, and Lucas precedents

Question Presented (OCR Extract)

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)

Docket Entries

2025-06-06
Petition DENIED.
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-04-02

Attorneys

William Becker, et al.
Steven W. KoslovskySteve Koslovsky, LLC, Petitioner