No. 23-468
Matthew Haney, as Trustee of the Gooseberry Island Trust v. Town of Mashpee, Massachusetts, et al.
Tags: civil-procedure constitutional-property-rights due-process government-permit judicial-review prudential-ripeness ripeness standing takings takings-claim variance variance-request
Latest Conference:
2024-01-05
Question Presented (from Petition)
Can the government evade adjudication of constitutional takings claims on prudential ripeness grounds—after it has twice definitively denied necessary variances—by indicating that it may consider a third variance request if the property owner first obtains an additional permit from a different government agency?
Question Presented (AI Summary)
Can the government evade adjudication of constitutional takings claims on prudential ripeness grounds—after it has twice definitively denied necessary variances—by indicating that it may consider a third variance request if the property owner first obtains an additional permit from a different government agency?
Docket Entries
2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-15
Reply of petitioner Matthew Haney, as Trustee of the Gooseberry Island Trust filed.
2023-12-04
Brief of respondents Town of Mashpee, Massachusetts, et al. in opposition filed.
2023-10-31
Petition for a writ of certiorari filed. (Response due December 4, 2023)
2023-08-03
Application (23A98) granted by Justice Jackson extending the time to file until October 31, 2023.
2023-07-28
Application (23A98) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to October 31, 2023, submitted to Justice Jackson.
Attorneys
Matthew Haney, as Trustee of the Gooseberry Island Trust
Jeremy Brennan Talcott — Pacific Legal Foundation, Petitioner
Town of Mashpee; Mashpee Zoning Board of Appeals; Jonathan Furbush; William A. Blaisedell; Scott Goldstein; Norman J. Gould; Bradford H. Pittsley; Sharon Sangeleer; in their official capacity as members of the Zoning Board of Appeals of the Town of Mashpe
Douglas Ian Louison — Louison, Costello, Condon & Pfaff, LLP, Respondent