``Eaton raises an additional point that has excited interest - whether or not that foreclosure can be challenged and compensation enforced on a retroactive basis or whether such retroactivity exacts too high a cost or permanently clouds title.''

Another view is that the illegal action in the first place is what "clouds title"; pretending it was legal doesn't "uncloud" anything (though evidently it opens the door to pleas to legislate from the bench).

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