610
Syllabus
4. Because petitioner's claims under the Penn Central analysis were not examined below, the case is remanded. Pp. 616, 632.
746 A. 2d 707, affirmed in part, reversed in part, and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined, and in which Stevens, J., joined as to Part II-A. O'Connor, J., post, p. 632, and Scalia, J., post, p. 636, filed concurring opinions. Stevens, J., filed an opinion concurring in part and dissenting in part, post, p. 637. Ginsburg, J., filed a dissenting opinion, in which Souter and Breyer, JJ., joined, post, p. 645. Breyer, J., filed a dissenting opinion, post, p. 654.
James S. Burling argued the cause for petitioner. With him on the briefs was Eric Grant.
Sheldon Whitehouse, Attorney General of Rhode Island, argued the cause for respondents. With him on the brief were Michael Rubin, Assistant Attorney General, Brian A. Goldman and Richard J. Lazarus.
Malcolm L. Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were former Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneed-ler, William B. Lazarus, and R. Justin Smith.*
*Briefs of amici curiae urging reversal were filed for the American Farm Bureau Federation et al. by Timothy S. Bishop, Jeffrey W. Sarles, Steffen N. Johnson, John J. Rademacher, and John J. Kupa; for the California Coastal Property Owners Association by Carter G. Phillips, Mark E. Haddad, and Catherine Valerio Barrad; for Defenders of Property Rights by Nancie G. Marzulla; for the Institute for Justice by William H. Mellor, Clint Bolick, Scott G. Bullock, and Richard A. Epstein; for the Washington Legal Foundation et al. by Daniel J. Popeo and R. Shawn Gunnarson; and for W. Frederick Williams III et al. by Michael E. Malamut.
Briefs of amici curiae urging affirmance were filed for the State of California et al. by Bill Lockyer, Attorney General of California, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, and Joseph Barbieri, Deputy Attorney General, Robert R. Rigsby, Corporation Counsel of the District of Columbia, and by the Attorneys General for their respective jurisdictions as follows: Bruce M. Botelho of Alaska, Ken Salazar of Colorado, Richard
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