Supreme Court overturns decades of precedent in property case

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Washington Times

A divided Supreme Court overruled 34 years of precedent Friday as it sided with a woman who wanted to sue in federal court over a Pennsylvania town taking her land for public use.

The 5-4 ruling left the court’s liberal wing questioning which case the court’s majority might overturn next.

The lower courts ruled against the woman, citing a 1985 Supreme Court case that said an individual wishing to challenge a property taking must first sue in state court before filing a federal action.

Chief Justice John G. Roberts Jr., joined by the four other Republican-appointed justices, said the earlier ruling was misguided because later caselaw required a state court ruling over property compensation to restrict a federal court from weighing in.

“The takings plaintiff thus finds himself in a Catch-22: He cannot go to federal court without going to state court first; but if he goes to state court and loses, his claim will be barred in federal court. The federal claim dies aborning,” Justice Roberts wrote.