Page:Lozman v. City of Riviera Beach (2013).pdf/3

Rh considered only objective evidence, looking to the views of a reasonable observer and the physical attributes and behavior of the structure. They also argue against using criteria that are too abstract, complex, or open-ended. While this Court’s approach is neither perfectly precise nor always determinative, it is workable and consistent and should offer guidance in a significant number of borderline cases. And contrary to the dissent’s suggestion, the Court sees nothing to be gained by a remand. .

649 F. 3d 1259, reversed. Author:Stephen Breyer, J., delivered the, in which Author:John Glover Roberts, C. J., and Author:Antonin Scalia, Author:Clarence Thomas, Author:Ruth Bader Ginsburg, Author:Samuel Alito, and Author:Elena Kagan, JJ., joined. Author:Sonia Sotomayor, J., filed a, in which Author:Anthony Kennedy, J., joined.