The Buckeye Institute has submitted an amicus brief urging the U.S. Supreme Court to overturn the Penn Central decision, a case that has been in place for nearly 50 years. The organization is calling on the court to review two cases: The Gym 24/7 Fitness v. Michigan and Mount Clemens Recreational Bowl, Inc. v. Hertel.
David C. Tryon, director of litigation at The Buckeye Institute and counsel of record on this brief, stated, “For nearly half a century, courts have struggled to apply Penn Central with any consistency due to its weak constitutional foundation.” He further noted that these cases present an opportunity for the court to reassess regulatory takings law based on constitutional principles.
The brief argues that the Penn Central test was established by chance rather than reason and has led to inconsistent application by courts over decades. It suggests that if the Supreme Court decides to hear these cases, it could explore alternative methods to better safeguard private property rights in America.
Pacific Legal Foundation and Outside Legal Counsel PLC are representing The Gym 24/7 Fitness, while Pacific Legal Foundation and Michigan Justice, PLLC represent Mount Clemens Recreational Bowl, Inc.
