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Alto Eldorado Partnership v. County of Santa Fe

Certiorari Denied

Petition for certiorari denied on October 3, 2011.

Docket No.11-50
Op. Below10th Cir.

Issue

(1) Whether claims for prospective relief under Nollan v. California Coastal Commission, which by definition implicate no compensation issues, fall outside the purview of the state-procedures rule outlined in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City and immediately ripe in federal court; (2) if not, whether the Court should overrule Williamson County's state-procedures rule on the grounds that the rule effectively bars, from federal court, taking claims brought under 42 U.S.C. § 1983, in contravention of Congress's intent in enacting § 1983 to provide federal rights claimants with access to federal court; and (3) whether heightened review under Nollan applies to permit conditions that result from legislative enactments and that constitute non-physical-invasions of property.

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