1. Whether a property owner may be deemed to lack investment-backed expectations, and thus be barred from challenging a land use restriction as a regulatory taking, solely because the challenged restriction was enacted before he acquired the property notwithstanding this Court's contrary ruling in Palazzolo v. Rhode Island, 533 U.S. 606, 626 (2001); and

2. Whether any one factor of Penn Central's multifactorial regulatory takings test set is dispositive of a property owner's regulatory taking claim without regard to the remaining factors.

Whether a property owner may be deemed to lack investment-backed expectations, and thus be barred from challenging a land use restriction as a regulatory taking, solely because the challenged restriction was enacted before he acquired the property