No. 21-217

Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al.

Lower Court: Tenth Circuit
Docketed: 2021-08-16
Status: Denied
Type: Paid
Tags: civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause
Latest Conference: 2021-11-19
Question Presented (from Petition)

As a threshold matter, did the lower courts err in light of this Court's recent ruling in of Cedar Point Nursery v. Hassid , 141 S. Ct. 2063, (2021) that the imposition of a servitude by the City of Albuquerque requiring Ms. Britton's property to be used and damaged in the course of supporting the City of Albuquerque's feral cat colony program was not a taking for which just compensation was required?

And if the threshold for a taking had been crossed by the City's feral cat colony program, could the lower court s conceivably correctly impose qualified immunity to release the City of Albuquerque from its responsibility for the actions of the individual Defendants acting under the color of law to inversely condemn the property of Ms. Brit ton for the public's benefit of operating the feral cat program without providing her just compensation ?

Thus, the final question presented is: Did the lower courts err in dismissing Petitioner's Federal Takings claim and claim for inverse condemnation ag ainst Defendants with prejudice at the pleading stage , deciding that Petitioner's allegations do not state a plausible Penn Central regulatory takings claim?

Question Presented (AI Summary)

Did the lower courts err in dismissing Petitioner's Federal Takings claim and claim for inverse condemnation against Defendants with prejudice at the pleading stage?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-15
Brief of respondents Mayor Tim Keller, et al. in opposition filed.
2021-09-13
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2021.
2021-09-10
Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
2021-08-12
Petition for a writ of certiorari filed. (Response due September 15, 2021)

Attorneys

Marcy Britton
Aubrey Blair DunnWestern Agriculture, Resource and Business Advocates, LLP, Petitioner
Mayor Tim Keller, et al.
Kevin Ashley MorrowCity of Albuquerque, Office of the City of Attorney, Respondent