Carter v. Comer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that offsetting benefits in LIHPRHA cases are counted in both the just compensation calculation, as well as in the Penn Central analysis
• noting an earlier case in which a 77% drop in property value was sufficiently serious for the economic impact factor to favor the plaintiff
• considering the temporary takings claims of developers who retained their properties and had their prepayment options restored by the HOPE Act
• “[W]e are aware of no case in which a court has found a taking where diminution in value was less than 50 percent.” (quotation marks and citation omitted)
• “[W]e are aware of no case in which a court has found a taking where diminution in value was less than 50 percent.” (internal quotation marks and citation omitted)
• “[T]he Court of Federal Claims correctly held that ‘the character of the government action is not such as to deliver the dispositive blow that CCA has hoped, [but] it nonetheless weighs in favor of a finding of a regulatory taking.’”

Source: CourtListener parenthetical corpus (CC0).