United States First Circuit
Fideicomiso de la Tierra del Cano Martin Pena v. Fortuno, 09-2569
In plaintiff's Takings Clause claim, challenging a legislative amendment to an earlier statute enacted in 2004 that revokes the transfer of public agencies' lands to plaintiff and returns the lands to public ownership through agencies of the Commonwealth and municipalities, judgment of the district court is vacated and dismissal of the complaint is ordered as a federal court cannot conclude Law 32 was an illegitimate means of advancing a public purpose, not least because transfers of private property to public ownership have been upheld since the founding of this country.
Appellate Information
- Decided 04/28/2010
- Published 04/28/2010
Judges
- LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Judith Berkan, with whom Mary Jo Méndez, Berkan/Méndez, Pedro J. Saade, and the Clínica de Asistencia Legal Escuela de Derecho, Universidad de Puerto Rico, were on brief for appellant.
- For Appellees:
- Eliezer Aldarondo-Ortiz, with whom Eliezer A. Aldarondo-López, Aldarondo & López Bras, Guillermo Somoza-Colombani, Attorney General, Mercado & Soto Law Offices, Maymí, Rivera & Rotger, P.S.C., Angel Rotger Sabat, and Francisco J. Amundaray were on brief for appellees.