[boomboomsubban]

>when a state acts pursuant to its police power, rather than the power of eminent domain, its actions do not constitute a taking

It's not taking if done under police action, or "it's OK if the police do it."

>It just says that they sued over the wrong law.

Is there some clause in the police action laws that makes them liable for damages? You would think they would have just sued them under that clause after the first trial rather than try to make the appeals court consider it "taking."