Friday, August 19, 2016 3:47:42 PM
Ding ding!!! Finally someone gets it.
The only thing I disagree with is your claim that the appeals court "disagreed" with the lower court thru this ruling.
In fact, just like Lamberth, the appeals court indicates that it will not even make an opinion about the Takings case because the plaintiff can't sue for Takings anyway.
Where I think people are getting confused on this issue is because the court says that Piszel could have sued for Takings if he didn't take so long...but that isn't a disagreement with the lower court...it is merely a comment as to Statute of Limitations violations. They do not say anywhere that if the Statute of Limitations weren't violated that Piszel would have been successful in a Takings claim. They only say that Piszel can't bring a Takings claim because the Statute of Limitations was violated.
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