Supreme Court of the United States
San Remo Hotel, L. P. v. City and County of San Francisco, California
June 20, 2005545 U.S. 323
Summary
The Court affirmed the Ninth Circuit, holding that federal courts must apply 28 U.S.C. §1738 and give full faith and credit to state court judgments, so they cannot create an exception for takings claims even when the claim is not ripe under Williamson County. The decision notes that such an exception would require clear congressional intent, which is absent. Justice Rehnquist’s concurring opinion agrees with the judgment but questions the Williamson County state‑litigation requirement.
Holding
- Whether federal courts may craft an exception to 28 U.S.C. §1738 for takings claims that are not ripe until a state court denial of compensation.. No. Federal courts must give full faith and credit to state court judgments and cannot create an exception for takings claims absent clear congressional intent.
Docket 04-340
Cited authorities
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