 In contrast to the dissent, Justice Marshall noted that a bright-line "invasion rule" avoids ambiguity as to both law and fact.He noted that contrary to the assertions of the Manhattan Teleprompter and co-defendants, a physical occupation of only rental property does not make this less of a taking, that the statute in question does not purport to give the tenant any additional rights, and that a ruling against Manhattan Teleprompter will not reverse the broad discretion the Court affords to states in regulating landlord/tenant relationships.Justice Blackmun, joined by Justice Brennan and Justice White, wrote a dissent arguing against an automatic rule to determine whether there is a taking, and objected to drawing an artificial distinction between temporary and permanent physical presence.