The Supreme Court Database

Modern Data (1946 - 2017)

Legacy Data (1791 - 1945)

Analysis Results

Analysis Specifications

Analysis Outcome

Unit of Analysis

n/a

Analysis Case Count	208 (of 8,245 possible records)
Relevant Scope	1986 - 1987
Using Data Release	SCDB_2011_01
Search Reference Code	1101-POTLUCK-3903

Analysis Overview	Issues Summary	Frequency Distributions	Crosstab Reports	Case Details

Supreme Court Detail

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Case Name	RICHARD PENNELL AND TRI-COUNTY APARTMENT HOUSE OWNERS ASSOCIATION v. CITY OF SAN JOSE AND CITY COUNCIL OF SAN JOSE LEXIS \| Westlaw \| FindLaw \| CourtListener Note: FindLaw and CourtListener are free services.
Date Decision	February 24, 1988
Date Argument	November 10, 1987
Decision Type	opinion of the court (orally argued)
Citations	485 U.S. 1 108 S. Ct. 849 1988 U.S. LEXIS 945 99 L. Ed. 2d 1
Docket	86-753

Lower Court Detail

Court in which Case Originated	State Trial Court California
Court whose Decision was Reviewed	State Supreme Court California
Petitioner	owner, landlord, or claimant to ownership, fee interest, or possession of land as well as chattels
Respondent	city, town, township, village, or borough government or governmental unit California

Vote Detail

Issue/Legal Provision (1 of 4)	DUE PROCESS Due Process: Takings Clause, Or Other Non-constitutional Governmental Taking Of Property CONSTITUTION Article III, Section 2, Paragraph 1 (case or controversy requirement)
Vote Coalition	6 - 2
Decision Direction	Liberal
Justice Votes	voted with majority or plurality Brennan White Marshall Blackmun Rehnquist Stevens dissent O'Connor Scalia justice did not participate Kennedy
Issue/Legal Provision (2 of 4)	DUE PROCESS Due Process: Takings Clause, Or Other Non-constitutional Governmental Taking Of Property CONSTITUTIONAL AMENDMENT Fifth Amendment (takings clause)
Vote Coalition	6 - 2
Decision Direction	Liberal
Justice Votes	voted with majority or plurality Brennan White Marshall Blackmun Rehnquist Stevens dissent O'Connor Scalia justice did not participate Kennedy
Issue/Legal Provision (3 of 4)	DUE PROCESS Due Process: Takings Clause, Or Other Non-constitutional Governmental Taking Of Property CONSTITUTIONAL AMENDMENT Fourteenth Amendment (due process)
Vote Coalition	6 - 2
Decision Direction	Liberal
Justice Votes	voted with majority or plurality Brennan White Marshall Blackmun Rehnquist Stevens dissent O'Connor Scalia justice did not participate Kennedy
Issue/Legal Provision (4 of 4)	DUE PROCESS Due Process: Takings Clause, Or Other Non-constitutional Governmental Taking Of Property CONSTITUTIONAL AMENDMENT Fourteenth Amendment (equal protection)
Vote Coalition	6 - 2
Decision Direction	Liberal
Justice Votes	voted with majority or plurality Brennan White Marshall Blackmun Rehnquist Stevens dissent O'Connor Scalia justice did not participate Kennedy

Supreme Court Database Detail

SCDB ID

1987-033-01

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Modern Data (1946 - 2017)

Legacy Data (1791 - 1945)

Analysis Results

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