No. 24-908
Fane Lozman v. City of Riviera Beach, Florida
Amici (4)
Experienced Counsel
Latest Conference:
2025-05-29
Question Presented (from Petition)
1. Whether a claim that a local ordinance effected a regulatory taking upon enactment remains unripe until the landowner asks the local government for permission to develop his property in ways the ordinance plainly prohibits.
2. Whether a regulation that forbids any economically beneficial use causes a taking under Lucas, regardless of the property's residual value.
Question Presented (AI Summary)
Whether a claim that a local ordinance effected a regulatory taking upon enactment remains unripe until the landowner asks the local government for permission to develop his property in ways the ordinance plainly prohibits
Docket Entries
2025-06-02
Petition DENIED.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-05-12
Reply of petitioner Fane Lozman filed. (Distributed)
2025-05-12
Reply of Fane Lozman submitted.
2025-04-25
Brief of respondent City of Riviera Beach, Florida, in opposition filed.
2025-04-25
Brief of City of Riviera Beach, Florida in opposition submitted.
2025-03-26
Amicus brief of The Buckeye Institute submitted.
2025-03-26
Brief amicus curiae of The Buckeye Institute filed.
2025-03-26
Brief amicus curiae of The National Association of Home Builders of the United States filed.
2025-03-26
Brief amici curiae of Cato Institute, et al. filed.
2025-03-26
Amicus brief of Cato Institute and Southeastern Legal Foundation submitted.
2025-03-26
Amicus brief of The National Association of Home Builders of the United States submitted.
2025-03-25
Brief amici curiae of Small Property Owners of San Francisco Institute, et al. filed.
2025-03-25
Amicus brief of Small Property Owners of San Francisco Institute; KDP II, LLC; Franklin Conklin Foundation; and Owners Counsel of America submitted.
2025-03-21
Motion to extend the time to file a response is granted and the time is extended to and including April 25, 2025.
2025-03-20
Motion to extend the time to file a response from March 26, 2025 to April 25, 2025, submitted to The Clerk.
2025-03-20
Motion of City of Riviera Beach, Florida for an extension of time submitted.
2025-02-20
Petition for a writ of certiorari filed. (Response due March 26, 2025)
2025-01-27
Application (24A546) granted by Justice Thomas extending the time to file until February 20, 2025.
2025-01-22
Application (24A546) to extend further the time from February 13, 2025 to February 20, 2025, submitted to Justice Thomas.
2024-12-04
Application (24A546) granted by Justice Thomas extending the time to file until February 13, 2025.
2024-12-02
Application (24A546) to extend the time to file a petition for a writ of certiorari from January 14, 2025 to February 13, 2025, submitted to Justice Thomas.
Attorneys
Cato Institute and Southeastern Legal Foundation
Thomas Arthur Berry — Cato Institute, Amicus
City of Riviera Beach, Florida
Andrew Joseph Baumann — Lewis, Longman & Walker, P.A., Respondent
Aaron Richard Modiano — Lewis Longman & Walker, P.A., Respondent
Amy Taylor Petrick — Lewis Longman & Walker, P.A., Respondent
Fane Lozman
Tobias Samuel Loss-Eaton — Sidley Austin LLP, Petitioner
Kerri L. Barsh — Greenberg Traurig, Petitioner
Small Property Owners of San Francisco Institute; KDP II, LLC; Franklin Conklin Foundation; and Owners Counsel of America
The Buckeye Institute
Tyler Green — Consovoy McCarthy PLLC, Amicus
The National Association of Home Builders of the United States