Whether Penn Central Transp. Co. v. City of New York should be clarified or overruled to provide clarity in regulatory takings cases

In this Fifth Amendment regulatory takings case, Michigan’s Executive Order s and Administrative Orders took dominion and control of the use of Petitioners ’ property ; first, by barring all customers from the premises and , then, by imposing severe use restrictions that substantially idled the property . Both caused economic devastation and destroyed Petitioners ’ reasonable investment -backed expectations to benefit the general public. However, Michigan courts dismissed Petitioners ’ case at the pleadings stage, generating three conflicting interpretations of Penn Central Transp. Co. v. City of New York , 438 U.S. 104 (1978). The result demonstrates Penn Central ’s inabili ty to protect fundamental property rights and to provide a clear, consistent, and uniform determination of “how far is too far.” The question presented is : Whether Penn Cent ral Transp. Co. v. City of New York , 438 U.S. 104 (1978) , should be clarified or overruled?