No. 18-8351

Arek Fressadi v. Arizona Municipal Risk Retention Pool, et al.

Lower Court: Ninth Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process judicial-takings just-compensation nollan-dolan notice ongoing-violations property-rights statute-of-limitations statutes-of-limitations takings takings-clause
Latest Conference: 2019-05-09
Question Presented (from Petition)

Whether a failure by government to provide Mullane notice, Nollan/Dolan burden-shifting protections, and/or Lucas/First English just compensation are "ongoing violations" that cannot be time-barred by statutes of limitations.

Whether government must-pay-just compensation for a judicial takings per the Takings Clause in the Fifth Amendment, and as applied to the States per the Fourteenth Amendment, as conferred in Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envt'l Protection, 560 U.S. 702, 715, 130 S. Ct. 2592, 2602 (2010): "In sum, the Takings Clause bars [government] from taking private property without paying for it, no matter which branch is the instrument of the taking. . . . If a legislature or a court declares that what was once an established right of private property no longer exists, it has taken that property, no less than if the [government] had physically appropriated it or destroyed its value by regulation." (emphasis in original)

Question Presented (AI Summary)

Whether a failure by government to provide Mullane notice, Nollan/Dolan burden-shifting protections, and/or Lucas/First English just compensation are 'ongoing violations' that cannot be time-barred by statutes of limitations

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-06-07
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-22
Letter from petitioner submitted under Rule 15.8 filed.
2019-04-03
Waiver of right of respondent State of Arizona to respond filed.
2019-04-03
Waiver of right of respondents Arizona Municipal Risk Retention Pool & Town of Cave Creek to respond filed.
2018-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)
2018-08-02
Application (18A123) granted by The Chief Justice extending the time to file until October 12, 2018.
2018-07-25
Application (18A123) to extend the time to file a petition for a writ of certiorari from August 15, 2018 to October 14, 2018, submitted to The Chief Justice.

Attorneys

Arek R. Fressadi
Arek R. Fressadi — Petitioner
Arizona Municipal Risk Retention Pool & Town of Cave Creek
Kristin MackinSims Mackin, Respondent
State of Arizona
Daniel Patrick SchaackArizona Atty. General, Respondent