Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725, 14 (1997)

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738

SUITUM v. TAHOE REGIONAL PLANNING AGENCY

Opinion of the Court

under the regulations in question, flatly contrary to the developer's conclusory allegation that the regulations required him to provide a greenbelt as a public gratuity. See 477 U. S., at 345-347. Hence, we held the claim unripe under the rationale of Williamson County: " 'the effect [of] the Commission's application of the zoning ordinance . . . on the value of respondent's property . . . cannot be measured until a final decision is made as to how the regulations will be applied to [the developer's] property.' " MacDonald, supra, at 349 (quoting Williamson County, supra, at 199-200).

Leaving aside the question of how definitive a local zoning decision must be to satisfy Williamson County's demand for finality,12 two points about the requirement are clear: it applies to decisions about how a takings plaintiff's own land may be used, and it responds to the high degree of discretion characteristically possessed by land-use boards in softening the strictures of the general regulations they administer. As the Court said in MacDonald, "local agencies charged with administering regulations governing property development are singularly flexible institutions; what they take with the one hand they may give back with the other." 477 U. S., at 350. When such flexibility or discretion may be brought to bear on the permissible use of property as singular as a

12 MacDonald suggested that the Williamson County "final decision" requirement might sometimes require multiple proposals or variance applications before a landowner's case will be considered ripe. We wrote, for example, that "[r]ejection of exceedingly grandiose development plans does not logically imply that less ambitious plans will receive similarly unfavorable reviews." 477 U. S., at 353, n. 9; compare Williamson County, 473 U. S., at 191 (applicant must obtain final definitive position on how regulations will be applied to the land in question), with id., at 193 (applicant must obtain conclusive determination whether specific proposed development will be permitted). Amici the Mayhews et al. urge us to establish a rule that a takings plaintiff need only make a single proposal and a single request for a variance to ensure the ripeness of his claim. Brief for Mayhews et al. as Amici Curiae 22. That issue is not presented in this case.

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