Questione giuridica chiave
Whether the 2001 rezoning of the parcel to a free-space zone constituted a compensable material expropriation.
Decisione estratta
Yes. Because the land had previously been in a lawful building zone, the case was an outzoning; the municipality's long-standing failure to provide access could not be used to deny the high probability of future development.
Motivazione estratta
For outzonings, compensation depends on whether a better use was highly likely in the near future, assessed in light of all legal and factual circumstances. Here the parcel had been zoned for building, the municipality knew of and owed the access duty, and its own planning failures under the principle of good faith could not be invoked against the owner.