No. 25A932

City of Marathon, Florida v. Rodney Shands, et al.

Lower Court: Florida
Docketed: 2026-02-23
Status: Application
Type: A
Experienced Counsel
Tags: Fifth-Amendment Lucas-test market-value regulatory-taking takings-clause transferred-development-rights
Latest Conference: N/A
Question Presented (from Petition)

Whether a taking has occurred under the categorical rule announced in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), even though the regulated property retains significant market value for both its transferred development rights ("TDRs") and recreational uses.

Question Presented (AI Summary)

Whether a categorical taking under the Fifth Amendment's Takings Clause occurs under Lucas v. South Carolina Coastal Council when regulated property retains significant market value through transferred development rights and other uses, despite denial of all economically beneficial uses within a particular regulatory category

Docket Entries

2026-02-24
Application (25A932) granted by Justice Thomas extending the time to file until May 4, 2026.
2026-02-18
Application (25A932) to extend the time to file a petition for a writ of certiorari from March 5, 2026 to May 4, 2026, submitted to Justice Thomas.

Attorneys

City of Marathon
Carter G. PhillipsSidley Austin LLP, Petitioner