Today, the Supreme Court refused to review the case of Brinkmann v. Town of Southold, which raised an unusual and extremely difficult issue about the meaning of "public use" in the Takings Clause of the Fifth Amendment. Three justices (Thomas, Gorsuch, and Kavanaugh) wanted to take the case, but four votes are necessary to grant a petition for writ of certiorari. I summarized the key issue in the case in a previous post about it (in part by quoting takings litigator Robert Thomas):
