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Yee v. City of Escondido, Cal. (90-1947), 503 U.S. 519 (1992).
Syllabus
Concurrence
[ Blackmun ]
Concurrence
[ Souter ]
Opinion
[ O'Connor ]
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SUPREME COURT OF THE UNITED STATES


No. 90-1947


JOHN K. YEE, et al., PETITIONERS v. CITY OF ESCONDIDO, CALIFORNIA

on writ of certiorari to the court of appeal of california, fourth appellate district

[April 1, 1992]

Justice Blackmun, concurring in the judgment.

I agree with the Court that the Escondido ordinance is not a taking under this Court's analysis in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982). I also conclude that the substantive due process and regulatory taking claims are not properly raised in this Court. For that reason, I, unlike the Court, do not decide whether the regulatory taking claim is or is not ripe, or which of petitioners' arguments would or would not be relevant to such a claim.