We knew this was going to happen — come to think of it, it already did happen in the past once or twice — but our fellow blogger Robert Thomas brings the news on his blog www.Inversecondemnation.com that an appellate court — where else? — in California ruled that the owner’s inverse condemnation taking claim was simultaneously too early and too late — too early for an as-applied challenge to the regulation, and too late for a facial challenge. See MHC Financing Ltd. P’ship v. City of Santee, Calif. Ct. App. 4th Dist., No. D053345 (Mar. 15, 2010).
Reminds us of the Queen of Hearts informing Alice that she could have had jam on her toast yesterday and will be able to have it tomorrow, but never today.