Yee v. Escondido, 503 U.S. 519, 3 (1992)

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Cite as: 503 U. S. 519 (1992)


will be granted. By forcing the parties to focus on the questions the Court views as particularly important, the Rule enables the Court to use its resources efficiently. Petitioners' question presented was whether the lower court erred in finding no physical taking, and the regulatory taking claim is related to, but not fairly included in, that question. Thus, petitioners must overcome the very heavy presumption against consideration of the regulatory taking claim, which they have not done. While that claim is important, lower courts have not reached conflicting results on the claim as they have on the physical taking claim. Prudence also dictates awaiting a case in which the issue was fully litigated below, to have the benefit of developed arguments and lower court opinions squarely addressing the question. Thus, the regulatory taking issue should be left for the California courts to address in the first instance. Pp. 533-538. 224 Cal. App. 3d 1349, 274 Cal. Rptr. 551, affirmed.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, Scalia, Kennedy, and Thomas, JJ., joined. Blackmun, J., post, p. 539, and Souter, J., post, p. 539, filed opinions concurring in the judgment.

Robert J. Jagiello argued the cause for petitioners. With him on the briefs was Robert H. Bork.

Carter G. Phillips argued the cause for respondent. With him on the brief were Rex E. Lee, Donald R. Lincoln, Linda B. Reich, David R. Chapman, and Jeffrey R. Epp.*

*Briefs of amici curiae urging reversal were filed for Action in Santa Monica by Brenda Powers Barnes; for the Apartment Association of Greater Los Angeles by Stephen L. Jones; for the California Association of Realtors et al. by John E. Mueller, Marguerite Mary Leoni, Laurene K. Janik and William M. Pfeiffer; for the Florida Manufactured Housing Association, Inc., by Jack M. Skelding, Jr.; for the Institute of Real Estate Management of the National Association of Realtors by Jonathan T. Howe, Terrence Hutton, and Henry M. Schaffer; for the Manufactured Housing Educational Trusts of Los Angeles County, California, et al. by Jerrold A. Fadem, George Kimball, Charles S. Treat, and Kim N. A. Richards; for the Manufactured Housing Educational Trust of Santa Clara County by Robert K. Best; for the Pacific Legal Foundation by Ronald A. Zumbrun, Edward J. Connor, Jr., and Timothy A. Bittle; for the Rent Stabilization Association of New York City, Inc., et al. by Erwin N. Griswold and Stephen J. Goodman; for the Washington Legal Foundation et al. by Daniel


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