Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725, 3 (1997)

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Cite as: 520 U. S. 725 (1997)

Syllabus

affirmative step to develop her land as the petitioners there, who prevailed against the contention that their claim was unripe, were bound to take affirmative steps to comply with the regulations they were challenging. Pp. 742-744. 80 F. 3d 359, vacated and remanded.

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Ginsburg, and Breyer, JJ., joined, and in which O'Connor, Scalia, and Thomas, JJ., joined except as to Parts II-B and II-C. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor and Thomas, JJ., joined, post, p. 745.

R. S. Radford argued the cause for petitioner. With him on the briefs were Robin L. Rivett, Victor J. Wolski, and William Patterson Cashill.

Richard J. Lazarus argued the cause for respondent. With him on the brief were J. Peter Byrne, J. Thomas Susich, Vicki E. Hartigan, Rachelle J. Nicolle, and Susan E. Scholley.

Deputy Solicitor General Wallace argued the cause for

the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Dellinger, Assistant Attorney General Schiffer, Anne S. Almy, and John A. Bryson.*

*Briefs of amici curiae urging reversal were filed for the American Farm Bureau Federation et al. by Timothy S. Bishop, Michael F. Rosenblum, John J. Rademacher, and Richard L. Krause; for the Building Industry Association of Washington by Richard M. Stephens and John M. Groen; for the Defenders of Property Rights et al. by Nancie G. Marzulla; for the Institute of Justice by William H. Mellor, Clint Bolick, Scott G. Bullock, and Richard A. Epstein; for the Southeastern Legal Foundation by Henry D. Granberry III; for the Tahoe Lakefront Owners' Association by Ronald A. Zumbrun, John H. Findley, and Meriem L. Hubbard; for the Tahoe-Sierra Preservation Council, Inc., by Lawrence L. Hoffman; and for the Mayhews et al. by Charles L. Siemon.

Briefs of amici curiae urging affirmance were filed for the Governor of California et al. by Michael A. Mantell; for the State of Nevada et al. by Frankie Sue Del Papa, Attorney General of Nevada, and William J. Frey and C. Wayne Howle, Deputy Attorneys General, and by the Attorneys

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