William county regional planning commission

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School

Georgia Institute Of Technology *

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Course

6037

Subject

Communications

Date

Feb 20, 2024

Type

docx

Pages

1

Uploaded by CountGrouseMaster920

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Williamson County Regional Planning Comm v Hamilton Bank Issues Presented The court granted an injunction against the Commission and rendered a judgment despite the previous verdict, rejecting monetary damages because the "taking" was deemed temporary. However, the U.S. Court of Appeals for the Sixth Circuit overturned this decision, asserting that the zoning laws deprived Hamilton Bank of any "economically viable" land use, thereby necessitating compensation for the temporary taking through damages. The Supreme Court granted a review of the lower court order to determine whether monetary compensation is required when an owner is temporarily deprived of the beneficial use of land by operation of government regulations, but it did not resolve that issue. Rule Is the property entitled to monetary damages for the time during which zoning laws affect the temporary taking of the property? Legal Analysis The effect of the regulations could not be determined because of the lack of a final determination, the due process claim was also found to be unripe. The Court held that even if there was a temporary taking, a decision on monetary damages was premature because the bank had not obtained a final administrative decision on the subdivision layout. The Supreme Court returned the case to the lower court for further proceedings. Conclusion No decision. Reversed and remanded.
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