Mack Phillips, Et Al. v. Montgomery County, Tennessee, Et Al.

Mack Phillips, Et Al. v. Montgomery County, Tennessee, Et Al.
M2012-00737-SC-R11-CV

We granted permission to appeal to determine whether article I, section 21 of the Tennessee Constitution requires a government to compensate a property owner for a regulatory taking of private property. We hold that article I, section 21 encompasses regulatory takings in the same manner as the Takings Clause of the Fifth Amendment to the United States Constitution. Accordingly, we reverse the judgment of the Court of Appeals dismissing the property owners’ complaint alleging a state constitutional regulatory takings claim and remand this matter to the trial court for further proceedings consistent with this decision.

Authoring Judge: 
Justice Cornelia A. Clark
Originating Judge: 
Judge Ross H. Hicks
Date Filed: 
Monday, August 18, 2014