What the Supreme Court Didn't Decide in Tahoe-Sierra

Abstract

Abstract In these pages, you'll read plenty of opinions about what the Court decided. Sometimes you'll wonder if the authors are even talking about the same case. It all depends on your perspective. Why, just a year ago Rhode Island Attorney General Whitehead had his head handed to him by the Court in Palazzolo when the Court found a takings claim ripe and told the AG to go back to court and try the case instead of hiding behind the gossamer bunting of the ripeness doctrine. So what did the General Whitehead do? He simply declared victory—at least you would think so from the local legal newspaper article with the headline: “U.S. Supreme Court Rules Against Palazzolo in Land Dispute,” The Rhode Island Law Tribune, Week of July 4–10, 2001 at p. 6. He was quoted: “We're happy with it. The important point is under the theory Mr. Palazzolo pursued, he lost and he lost flat out.”