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Redevelopment Authority of the County of Montgomery, Pennsylvania v. R & J Holding Co.

Petition for certiorari denied on June 18, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1234 3d Cir. N/A N/A N/A N/A OT 2011
 
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Issue: (1) Whether issue preclusion bars a takings claim based on the Fifth Amendment only where the state court expressly decides Fifth Amendment issues or, additionally, where the state court decides the same takings claim under state takings law; and (2) whether, after a federal court’s dismissal of a takings claim under Williamson County Regional Planning Comm’n v. Hamilton Bank and the assertion in state court of an England v. Louisiana State Bd. of Med. Examiners reservation, a federal court -- circumventing San Remo Hotel, L.P. v. City & County of San Francisco and Williamson County -- can rely on that reservation, notwithstanding its invalidity, in refusing to apply claim preclusion to bar the reasserted takings claim.

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