Question Presented (from Petition)
1. Whether the loss of all developmental use of property and a 91.5% decline in its value is a sufficient "economic impact" to support a regulatory takings claim under Penn Central.
2. Whether a person who acquires land in a developed area, prior to regulation, has a legitimate "expectation" of building and, if so, whether that interest can be defeated by a lack of investment in construction?
3. Whether the Court should excise the "character" factor from Penn Central regulatory taking analysis.
Question Presented (AI Summary)
Whether the loss of all developmental use of property and a 91.5% decline in its value is a sufficient 'economic impact' to support a regulatory takings claim under Penn Central
2019-12-16
Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. GRANTED.
2019-12-09
DISTRIBUTED for Conference of 12/13/2019.
2019-12-02
DISTRIBUTED for Conference of 12/6/2019.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-31
Reply of petitioner Janice Smyth filed.
2019-10-21
Brief of respondents Conservation Commission of Falmouth and Town of Falmouth in opposition filed.
2019-09-19
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-09-19
Blanket Consent filed by Respondent, Conservation Commission of Falmouth and Town of Falmouth.
2019-09-18
Brief amici curiae of Mountain States Legal Foundation and Cato Institute filed.
2019-09-17
Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al.
2019-09-09
Blanket Consent filed by Petitioner, Janice Smyth.
2019-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
2019-09-06
Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.
2019-08-16
Petition for a writ of certiorari filed. (Response due September 19, 2019)
2019-07-25
Application (19A88) granted by Justice Breyer extending the time to file until August 21, 2019.
2019-07-22
Application (19A88) to extend the time to file a petition for a writ of certiorari from August 7, 2019 to August 21, 2019, submitted to Justice Breyer.