Holahan v. Jackson

How courts have described this case

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

• “It is axiomatic that ‘[t]he motion to dismiss for failure to state a claim is viewed with disfavor and is rarely granted.’”
• \A governmental taking can always be undone if the government so chooses. That has never defeated a taking claim.\
• “Whether compensation is adequate is an inquiry separate from whether there has been a taking.”
• to the extent that Williamson County’s finality requirement applied, it was satisfied, because the plaintiffs “have no further administrative recourse available”
• “[T]he tenant gets an interest that he can liquidate and take with him when he leaves the property, or even the City of Santa Barba- ra.”
• \It makes considerable sense to give greater deference to the legislature where it deliberately resorts to its eminent domain power than where it may have stumbled into exercising it through actions that incidentally result in a taking.\

Source: CourtListener parenthetical corpus (CC0).