No. 18-1062

Love Terminal Partners, L.P., et al. v. United States

Lower Court: Federal Circuit
Docketed: 2019-02-13
Status: Denied
Type: Paid
Amici (8) Experienced Counsel
Tags: civil-rights due-process economic-impact fair-market-value federal-law investment-backed-expectations investment-expectations just-compensation property-rights property-taking regulatory-environment regulatory-taking takings
Latest Conference: 2019-06-20
Question Presented (from Petition)

1. In assessing whether the government has effected a compensable taking, may courts treat real property as worthless simply because the owner was not generating positive cashflow from the property at the time of the taking?

2. In determining whether the taking of property had any economic impact on its owner, may courts ignore reasonable, investment-backed expectations that a regulatory environment is likely to change and, in fact, has been changed by the very law that effects the taking?

Question Presented (AI Summary)

Whether courts may treat real property as worthless solely because the owner was not generating positive cash flow at the time of the taking

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
Reply of petitioners Love Terminal Partners, L.P., et al. filed. (Distributed)
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-05-15
Brief of respondent United States in opposition filed.
2019-04-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
2019-04-12
Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
2019-03-15
Brief amicus curiae of JetBlue Airways Corporation filed.
2019-03-15
Brief amicus curiae of Pacific Legal Foundation filed.
2019-03-15
Brief amicus curiae of Institute for Justice filed.
2019-03-15
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-03-15
Brief amicus curiae of Washington Legal Foundation filed.
2019-03-15
Brief amici curiae of NFIB Small Business Legal Center, et al. filed.
2019-03-15
Brief amici curiae of States of Texas, et al. filed.
2019-03-14
Brief amicus curiae of Mountain States Legal Foundation filed.
2019-03-07
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
2019-03-06
Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
2019-02-21
Blanket Consent filed by Petitioners, Love Terminal Partners, L.P., et al.
2019-02-11
Petition for a writ of certiorari filed. (Response due March 15, 2019)
2018-12-17
Application (18A460) granted by The Chief Justice extending the time to file until February 9, 2019.
2018-12-13
Application (18A460) to extend further the time from January 10, 2019 to February 9, 2019, submitted to The Chief Justice.
2018-11-01
Application (18A460) granted by The Chief Justice extending the time to file until January 10, 2019.
2018-10-30
Application (18A460) to extend the time to file a petition for a writ of certiorari from December 11, 2018 to January 10, 2019, submitted to The Chief Justice.

Attorneys

Center for Constitutional Jurisprudence
John C. EastmanCenter for Constitutional Jurisprudence, Amicus
Institute for Justice
Dana BerlinerInstitute for Justice, Amicus
JetBlue Airways Corporation
Elizabeth Petrela PapezGibson, Dunn & Crutcher LLP, Amicus
Love Terminal Partners, L.P., et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Mountain States Legal Foundation
John L. RunftRunft and Steele Law Offices, PLLC, Amicus
NFIB Small Business Legal Center, et al.
Luke Anthony WakeNFIB Small Business Legal Center, Amicus
Pacific Legal Foundation
Brian Trevor HodgesPacific Legal Foundation, Amicus
States of Texas, Arkansas, Oklahoma, and Utah
Kyle Douglas HawkinsTexas Attorney General's Office, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent
Washington Legal Foundation
Richard A. SampWashington Legal Foundation, Amicus