Judicial Taking in New York?

We quote from today’s CNN dispatch that came after the police removed the “occupy Wall Street” folks from Zucotti Park in Manhattan:

“The order from New York Supreme Court Judge Lucy Billings allows protesters to bring tents and other equipment back into the privately owned park where the now-global Occupy movement began.”

So if that park is privately owned and a judge orders that it be opened to a mob of othersĀ  to live in without the owner’s permission, then isn’t that axiomatically a judicial taking?

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