Columbus, OH – On Tuesday, The Buckeye Institute filed an amicus brief in The Gym 24/7 Fitness v. Michigan and Mount Clemens Recreational Bowl, Inc. v. Hertel, calling on the U.S. Supreme Court to hear the cases and overturn Penn Central, a nearly 50-year-old case that allows the government—in violation of the U.S. Constitution—to take private property from Americans without just compensation.

“For nearly half a century, courts have struggled to apply Penn Central with any consistency due to its weak constitutional foundation,” said David C. Tryon, director of litigation at The Buckeye Institute and counsel of record on this brief. “However, Penn Central need not dictate the state of takings clause jurisprudence indefinitely. These two cases offer the court the opportunity to rebuild the law of regulatory takings on the solid foundation of the Constitution.”

In its brief, The Buckeye Institute argues that the Penn Central takings test was born of happenstance, not reason; that courts have applied the test inconsistently for nearly half a century; and that if the U.S. Supreme Court grants certiorari and hears the case, it can consider alternatives to protect American’s private property rights better. 

Pacific Legal Foundation and Outside Legal Counsel PLC represent The Gym 24/7 Fitness. Pacific Legal Foundation and Michigan Justice, PLLC represent Mount Clemens Recreational Bowl, Inc.

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