First English Evangelical Lutheran Church operated a retreat center for handicapped children on its property within the Angeles National Forest.

This temporary takings question had been in contention since the court had affirmed on other grounds the case establishing the California approach, Agins v. City of Tiburon.

In reaching his conclusion, Rehnquist relied heavily on WWII physical takings cases, where the government was required to pay compensation for property it had temporarily commandeered.

After noting the "litigation explosion" the court's reasoning will cause, the dissent points out that even if the church's allegation are not struck, plaintiff's claim is so weak it will be summarily rejected regardless.

Stevens concludes by noting that procedural due process should be adequate to protect property owners from a malevolent local zoning board.