No. 24-987

Kingston Kohr, LLC v. City of Irvine, California

Lower Court: California
Docketed: 2025-03-14
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: demolition-permit due-process local-government ministerial-duty property-rights takings-clause
Latest Conference: 2025-05-02
Question Presented (from Petition)

1. Whether owners of property in abatement have due process or property rights to conduct self demolition or whether this authority lies solely with local government.

2. Whether it is a violation of the Takings and Due Process Clauses for local government to leverage its performance of a ministerial duty —namely, to grant or deny a demolition permit —to exact the property owner's consent for entry on the property to conduct its own demolition.

Question Presented (AI Summary)

Whether property owners have due process rights to conduct self-demolition or if local government has sole authority, and whether leveraging a demolition permit to exact property owner's consent violates Takings and Due Process Clauses

Docket Entries

2025-05-05
Petition DENIED.
2025-04-16
DISTRIBUTED for Conference of 5/2/2025.
2025-04-09
Waiver of right of respondent City of Irvine to respond filed.
2025-03-10
Petition for a writ of certiorari filed. (Response due April 14, 2025)
2025-01-30
Application (24A746) granted by Justice Kagan extending the time to file until March 10, 2025.
2025-01-17
Application (24A746) to extend the time to file a petition for a writ of certiorari from January 28, 2025 to March 10, 2025, submitted to Justice Kagan.

Attorneys

City of Irvine
Noam DuzmanRutan & Tucker, LLP, Respondent
Kingston Kohr, LLC
David ZarmiZarmi Law, Petitioner