Do Suits in Equity Imply a Cause of Action for Damages?
This morning’s decision in DeVillier v. Texas, written by Justice Thomas for a unanimous Court, has this meticulously careful description of the relationship between law, equity, and causes of action, with a citation to my colleague A.J. Bellia’s excellent work with Brad Clark (emphasis added):
The cases that DeVillier cites do not directly confront whether the Takings Clause provides a cause of action for just compensation. First English itself proceeded under a state-law cause of action. Id., at 313–314, n. 8. DeVillier also points to several takings cases where property owners sought injunctions to prevent the Government from interfering with their property rights, such as by obtaining easements or imposing zoning regulations. See Dohany v. Rogers, 281 U. S. 362, 364 (1930); Delaware, L. & W. R. Co. v. Morristown, 276 U. S. 182, 188 (1928); Village of Euclid v. Ambler Realty Co., 272 U. S. 365, 384 (1926); Cuyahoga River P
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