Seven years ago, Scott Pennsylvania passed a law to protect cemeteries, and make them accessible to the public during all daylight hours.
The idea being, the poor or whatever, should always be able to visit their loved ones in their final resting place, without having to pay to do it.
Rose Mary Knick owns property in this township, and a township officer entered her property without a warrant, found some stones he deemed to be gravestones, and basically ordered her property be protected as a cemetery.
Rose was like, “WTF? First of all, where’s you’re fucking warrant for coming on my property?” Then Rose was like, “If you’re going to commandeer my fucking property, you have to pay me for it. There’s this thing called the constitution. Have you ever heard of it assholes?”
The Township merely protects these properties for people to visit their loved ones, so somehow, they’re trying to argue that Rose was unable to even show damages here. In other words, they’re not building something on the property and taking it away from her, they’re just protecting it.
I know, that’s the bullshittiest argument that ever bullshitted, right?
They also wanted to argue that they were going to reimburse her, but she didn’t give them time. They have a process for doing that, AFTER they’ve taken her property (the after being the part the Knick has a problem with), and she didn’t follow it. This bitch went straight to “sue those motherfuckers.”
While the lower courts seemed to think it was perfectly OK for the state to take Knick’s property over this bullshit, without first paying her, SCOTUS was unimpressed to the tune of 5:4, and told Scott Pennsylvania to either pay her up front, or give her her property back. You don’t get to set some long ass drawn out process for her to get paid, and meanwhile she’s without her property, and her compensation. That’s fucking ridiculous.
The dissent from the left-leaning justices Breyer, Sotomayor, Ginsberg, and Kagan , was largely over when Knick can make her claim. They didn’t seem to dispute she should be compensated. They just think she had to jump through the hoops the state set forth. And then, if she doesn’t feel she was made whole, she can sue.
Breyer, Sotomayor, Ginsberg, and Kagan trust the state to handle it properly with due process. But the rest of SCOTUS realizes this is dumb as fuck, and you can’t trust government to do a fucking thing right.
There was a state Supreme Court decisions, Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, that sided with Scott Pennsylvania, and SCOTUS told Pennsylvania they could shove that squarely up their ass, too. Overturned, bitches!