Murr Tantalizes But Falls Short Of Providing Guidance

Law360, New York (August 1, 2017, 11:05 AM EDT) -- The U.S. Supreme Court filed its decision in Murr v. Wisconsin, a Fifth and Fourteenth Amendment "takings case" out of the state of Wisconsin.[1] Justice Kennedy delivered the opinion of the court, with a dissent by Chief Justice Roberts, in which Justice Thomas and Justice Alito joined.

I take the following recitation of the facts from the court's opinion (Slip.Op. pp. 2-4.)

"The St. Croix River originates in northwest Wisconsin and flows approximately 170 miles until it joins the Mississippi River, forming the boundary between Minnesota and Wisconsin for much of its length. The lower portion of the River slows and...

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