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Case Detail


San Remo Hotel v. City and County of San Francisco
On June 20, 2005, the U.S. Supreme Court ruled that individuals claiming government violation of their Fifth Amendment property rights have no right to insist that their claims at some point be heard in a federal court. The decision was a setback for WLF, which had asked the Court to reject efforts to relegate Fifth Amendment claims to the state courts. WLF filed its brief on behalf of the Chamber of Commerce of the United States. A 1985 Supreme Court precedent holds that, in order to "ripen" claims under the Fifth Amendment's Taking Clause, one must first file suit in state court. The Supreme Court held in San Remo that the very act of ripening the claim also destroys the claim; that is, an adverse state court judgment bars relitigation of claims in federal court. A silver lining in the decision: a concurring opinion signed by four Justices indicated that they may be willing to overrule the 1985 precedent that forces property rights claimants to file their initial suit in state court.
Case Status:
Loss.
More Information and Downloads:
1/24/2005: Download the Brief
11/12/2004: Download the Brief

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