dolution

Instructions:
Please review the facts of the Palazzolo case and respond to the issues raised before the court listed below.

Background Facts: (Reprinted here for convenience)

• In 1959, Shore Gardens, Inc. (SGI) purchased a large parcel of waterfront property but never developed it.
• The 1970’s local City Council publishes regulations sharply limiting the development of coastal wetlands.
• SGI transfers property to Anthony Palazzolo who in the 1980s proposed a 74-lot subdivision and private beach club.
• Council rejected his plan
• Palazzolo files suit claiming violation of the Takings clause
• State court held:
  • P unable to raise “Taking”b/c he took property w/knowledge of restrictive regulations
  • P NOT deprived of land’s useb/c still able to build a large single-family home.
  • Palazzolo appeals

Issues before the Appeals Court:

1. Was Palazzolo barred from making a claim of “Taking” b/c he took the property with notice of the development regulations?

Palazzolo wasn’t entirely deprived of the use of his property.
2. Is this really a “TAKING”?
3. Is a “partial deprivation of use” still considered a “taking”? Explain.
4. What did the court say? Do you agree with their analysis? Explain.