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Murr v. Wisconsin

Docket No. Argument Opinion Vote Author Term
15-214 Mar 20, 2017 Apr 30, 2025 5-3 Kennedy OT 2016

Holding: The Court of Appeals of Wisconsin was correct to analyze the lot owners' property as a single unit in assessing the effect of the challenged governmental action.

Judgment: Affirmed, 5-3, in an opinion by Justice Kennedy on April 30, 2025. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of the case.

DateProceedings and Orders (key to color coding)
06/26/2015Application (15A6) to extend the time to file a petition for a writ of certiorari from July 15, 2015 to August 14, 2015, submitted to Justice Kagan.
06/30/2015Application (15A6) granted by Justice Kagan extending the time to file until August 14, 2015.
08/14/2015Petition for a writ of certiorari filed. (Response due September 17, 2015)
09/04/2015Waiver of right of respondent Wisconsin to respond filed.
09/09/2015Order extending time to file response to petition to and including October 16, 2015, for all respondents.
09/17/2015Brief amici curiae of California Cattlemen's Association, et al. filed.
10/16/2015Brief of respondent St. Croix County, Wisconsin in opposition filed.
10/29/2015Reply of petitioners Joseph P. Murr, et al. filed.
11/04/2015DISTRIBUTED for Conference of November 24, 2015.
11/30/2015DISTRIBUTED for Conference of December 4, 2015.
12/07/2015DISTRIBUTED for Conference of December 11, 2015.
12/28/2015DISTRIBUTED for Conference of January 8, 2016.
01/11/2016DISTRIBUTED for Conference of January 15, 2016.
01/15/2016Petition GRANTED.
02/09/2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 11, 2016.
02/09/2016The time to file respondents' briefs on the merits is extended to and including June 10, 2016.
03/21/2016Consent to the filing of timely amicus curiae briefs in support of either party or of neither party received from counsel for respondent St. Croix County.
03/22/2016Consent to the filing of timely amicus curiae briefs in support of either party or of neither party received from counsel for respondent Wisconsin.
04/06/2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
04/11/2016Joint appendix filed. (Statement of costs filed)
04/11/2016Brief of petitioners Joseph P. Murr, et al. filed.
04/15/2016Brief amicus curiae of Chamber of Commerce of the United States of America filed.
04/18/2016Brief amicus curiae of Wisconsin Realtors Association filed.
04/18/2016Brief amici curiae of Southeastern Legal Foundation, and the Beacon Center filed.
04/18/2016Brief amici curiae of California Cattlemen's Association, et al. filed.
04/18/2016Brief amici curiae of National Association of Home Builders, et al. filed.
04/18/2016Brief amicus curiae of New England Legal Foundation filed.
04/18/2016Brief amicus curiae of Reason Foundation filed.
04/18/2016Brief amicus curiae of Center for Constitutional Jurisprudence filed.
04/18/2016Brief amici curiae of Cato Institute, and Owners' Counsel of America filed.
04/18/2016Brief amicus curiae of Mountain States Legal Foundation filed.
04/18/2016Brief amici curiae of Nevada, et al. filed.
06/10/2016Brief of respondent Wisconsin filed.
06/10/2016Brief of respondent St. Croix County filed.
06/14/2016Brief amici curiae of Property Law Professors filed.
06/14/2016Application (15A1265) to extend the time to file a reply brief from July 11, 2016 to July 29, 2016, submitted to Justice Kagan.
06/16/2016Brief amici curiae of Carlisle Ford Runge, et al. filed.
06/16/2016Brief amici curiae of American Planning Association, and Wisconsin Chapter of the American Planning Association filed.
06/16/2016Motion for divided argument filed by respondent St. Croix County.
06/16/2016Motion for divided argument filed by respondent Wisconsin.
06/17/2016Brief amici curiae of National Association of Counties, et al. filed.
06/17/2016Brief amicus curiae of United States filed.
06/17/2016Brief amicus curiae of National Trust for Historic Preservation filed.
06/17/2016Brief amici curiae of California, et al. filed.
06/17/2016Brief amici curiae of Walter F. Mondale, et al.
06/17/2016Brief amici curiae of The Wisconsin Counties Association, et al. filed.
06/17/2016Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed.
06/20/2016Application (15A1265) granted by Justice Kagan extending the time to file petitioners' reply brief on the merits until July 29, 2016.
07/27/2016Reply of petitioners Joseph P. Murr, et al. filed.
10/03/2016Motion for divided argument filed by respondent St. Croix County GRANTED.
10/03/2016Motion for divided argument filed by respondent Wisconsin GRANTED.
10/03/2016Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent Wisconsin, 10 minutes for respondent St. Croix County, and 10 minutes for the Solicitor General.
01/20/2017Motion of Nevada, et al. out of time for leave to participate in oral argument as amici curiae and for divided argument filed.
02/03/2017SET FOR ARGUMENT on Monday, March 20, 2017
02/03/2017Record requested from the Court of Appeals of Wisconsin, District III.
02/09/2017CIRCULATED.
02/21/2017Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED.
02/22/2017Record received from the St. Croix County Circuit Court, Wisconsin (1 box).
03/20/2017Argued. For petitioners: John M. Groen, Sacramento, Cal. For respondent Wisconsin: Misha Tseytlin, Solicitor General, Madison, Wisconsin. For respondent St. Croix County: Richard J. Lazarus, Cambridge, Mass. For United States, as amicus curiae, in support of respondents: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
04/14/2017Record received from the Court of Appeals of Wisconsin, District III. The record is electronic.
06/23/2017Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of this case.
07/25/2017MANDATE ISSUED.
07/25/2017JUDGMENT ISSUED.
08/28/2017Record from St. Croix County has been returned.