Litigating Suitum v. Tahoe Regional Planning Agency in the United States Supreme Court

On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues that the parties chose to emphasize in their briefs and at oral argument.

Finally, the essay reflects on what happened at oral argument and projects the Suitum outcome, based largely on the questions posed by the Justices at oral argument. A brief addendum provides the author's thoughts on the actual outcome of the case.