DeBenedictis, 480 U.S. 470 (1987); First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987); and Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1014 (1992). Subsequent Research In William A. Fischel's book, Regulatory Takings: Law, Economics, and Politics (1995) he explains the disparity between what was actually happening in the Scranton, PA area during the time of Mahon and how the area was portrayed within the litigation. Fishel explains that subsidence did not happen often and the vast majority of coal companies worked hard not to allow subsidence to happen, and when it did the companies generally paid to fix the damages. Most of the subsidence issues were cracks in foundation and the settling of parts of houses. However, a brief submitted for the city of Scranton, "painted a picture of disaster, which has been accepted as the likely outcome of the decision in the legal literature." William A. Fischell, Regulatory Takings: Law, Economics, and Politics 24 (1995). However, when Fischel investigated about subsidence issues surrounding mining for anthracite coal in Pennsylvania he was, "struck by how little was written about the subsidence problem, which was in stark contrast to the picture painted for the Court in the briefs of the City of Scranton. In their study of the anthracite saga, The Kingdom of Coal (1985), the historians Donald Miller and Richard Sharpless did not mention subsidence in the 360 pages" of their book. Id. at 25. In a subsequent conversation Professor Sharpless told Fischel the reason subsidence was not mentioned in the book was, "because it was not much of an issue." Id. When Fischel visited the Anthracite Heritage Museum near Scranton he asked the librarian to help him locate works on subsidence and, "all that was available were technical pamphlets and a few relatively recent (post 1950) newspaper clippings that illustrated some damage." Id. at 26. Fischel's research revealed that surface damage, "seems to have been episodic and limited; cities were not literally falling into the earth. Nor did any of the newspaper stories raise the question of legal liability for surface support." Id. Justice Holmes Justice Holmes throughout his time as a judge on the state and federal levels, "held a consistent view throughout his career that restrictions imposed through the police power could reach a point where they become takings and violate the Just Compensation Clause." 58 U. Miami L.