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LAKE COUNTRY ESTATES, INC. v. TAHOE REGIONAL PLANNING AGENCY 440 U.S. 391 (1979)Landowners claimed that an appointed bi-state agency regulating development had, through overregulation, unconstitutionally destroyed the economic value of their property. The Supreme Court, over Justice THURGOOD MARSHALL'S dissent, extended TENNEY V. BRANDHOVE (1951) to acts of unelected officials and found members of the planning agency to be absolutely immune from suit under SECTION 1983, TITLE 42, UNITED STATES CODE for their legislation-like acts. The Court also found the agency not to be protected by the ELEVENTH AMENDMENT immunity available to states. THEODORE EISENBERG |
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