Arrigoni Enterprises, LLC v. Durham

Petition for certiorari denied on April 25, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-631 2d Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether the Court should reconsider, and then overrule or modify, the portion of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City barring property owners from filing a federal takings claim in federal court until they exhaust state court remedies, when this rule results in numerous jurisdictional “anomalies” and has a “dramatic” negative impact on takings law under San Remo Hotel, L.P. v. City and County of San Francisco; and (2) whether, alternatively, federal courts can and should waive Williamson County’s state litigation requirement for prudential reasons when a federal takings claim is factually concrete without state procedures, as some circuit courts hold, or apply the requirement as a rigid jurisdictional barrier, as other circuits hold.

DateProceedings and Orders
Nov 10 2015Petition for a writ of certiorari filed. (Response due December 14, 2015)
Dec 1 2015Order extending time to file response to petition to and including January 13, 2016.
Dec 2 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 11 2015Motion for leave to file amicus brief filed by Cato Institute.
Dec 14 2015Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Dec 14 2015Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al.
Dec 14 2015Motion for leave to file amicus brief filed by Institute for Justice.
Jan 13 2016Brief of respondents Town of Durham, Connecticut, et al. in opposition filed.
Jan 20 2016Reply of petitioner Arrigoni Enterprises, LLC filed.
Jan 27 2016DISTRIBUTED for Conference of February 19, 2016.
Feb 24 2016Rescheduled.
Feb 29 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 2 2016Rescheduled.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 17 2016Rescheduled.
Mar 21 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 23 2016Rescheduled.
Mar 28 2016DISTRIBUTED for Conference of April 1, 2016.
Apr 11 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 18 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016Motion for leave to file amicus brief filed by Cato Institute GRANTED.
Apr 25 2016Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. GRANTED.
Apr 25 2016Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
Apr 25 2016Petition DENIED Justice Thomas, with whom Justice Kennedy joins, dissenting from the denial of certiorari. (Detached Opinion)
 
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