Fletcher Properties, Inc. v. City of Minneapolis, Poverty & Race Research Action ... (2024)

Citation: Fletcher Properties, Inc. v. City of Minneapolis, Poverty & Race Research Action ... (2024)
Parent Document: Fletcher Properties, Inc. v. City of Minneapolis, Poverty & Race Research Action ... (2024)
Jurisdiction: Minnesota (state)
Effective Date: 2024-01-16
Original Source: https://www.courtlistener.com/opinion/9461313/fletcher-properties-inc-v-city-... ↗

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   Fletcher does not assert that, as applied, the ordinance effects a taking under the
Minnesota Constitution. As such, our decision is limited to the determination of whether,
on its face, the ordinance effects a taking under the Minnesota Constitution.
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  The United States Constitution provides “nor shall private property be taken for public
use, without just compensation.” U.S. Const. amend. V. Because the Takings Clause of
the United States Constitution is similar to the Takings Clause of the Minnesota
Constitution, Minnesota courts may look to caselaw analyzing a takings claim under the
United States Constitution in evaluating a takings claim arising under the Minnesota
Constitution. Wensmann, 734 N.W.2d at 632-33. Fletcher does not argue that the
ordinance is a taking under the United States Constitution.

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