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

Case Number
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
Case Name
Mack Phillips, Et Al. v. Montgomery County, Tennessee, Et Al.
Date Filed
Dissent or Concur
No
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