That sounds right, but I'm not so sure, not after SCOTUS decided last year to allow private property to be confiscated to increase the local tax base, IOW, to take and bulldoze your homes for some campaign contributor's fast food joint.
The makeup of the Court has changed since then. Kelo was decided, that is the ruling issued, on June 23rd, 2005. Alito joined the Court in January of 2006. It might change again before this case is heard, even if that only means one or more Justices are unable to take part, even if they don't formally resign, or kick the bucket or are not yet replaced.