The U.S. Supreme Court ruled 6-3 in favor of the Tahoe Regional Planning Agency's moratorium on building as part of its local planning effort.
On April 18, 2002, the U.S. Supreme Court ruled in favor of the Tahoe Regional Planning Agency which had imposed two successive moratoria on building while they completed a local plan. The moratoria were put in place to prevent development in the area from damaging Lake Tahoe. The Tahoe-Sierra Preservation Council, Inc., which brought the suit against the planning agency, argued that the moritoria constituted a "taking" for which compensation was due to landowners. The opinion, written by Justice Stevens, upholds the local moratoria as necessary steps to help develop a regional comprehensive plan.
Some property rights advocates have criticized the decision, saying that it clearly lays out the need for local officials to develop comprehensive plans in order to "protect the interests of all affected landowners."
The decision is important for Illinois communities that are in the midst of local planning efforts. While the Tahoe Regional Planning Agency had a unique environmental rationale for imposing the moratoria, the decision affirms at the federal level the important public purpose of developing comprehensive plans.
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