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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 (key to color coding)
11/10/2015Petition for a writ of certiorari filed. (Response due December 14, 2015)
12/01/2015Order extending time to file response to petition to and including January 13, 2016.
12/02/2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
12/11/2015Motion for leave to file amicus brief filed by Cato Institute.
12/14/2015Brief amicus curiae of Center for Constitutional Jurisprudence filed.
12/14/2015Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al.
12/14/2015Motion for leave to file amicus brief filed by Institute for Justice.
01/13/2016Brief of respondents Town of Durham, Connecticut, et al. in opposition filed.
01/20/2016Reply of petitioner Arrigoni Enterprises, LLC filed.
01/27/2016DISTRIBUTED for Conference of February 19, 2016.
02/24/2016Rescheduled.
02/29/2016DISTRIBUTED for Conference of March 4, 2016.
03/02/2016Rescheduled.
03/14/2016DISTRIBUTED for Conference of March 18, 2016.
03/17/2016Rescheduled.
03/21/2016DISTRIBUTED for Conference of March 25, 2016.
03/23/2016Rescheduled.
03/28/2016DISTRIBUTED for Conference of April 1, 2016.
04/11/2016DISTRIBUTED for Conference of April 15, 2016.
04/18/2016DISTRIBUTED for Conference of April 22, 2016.
04/25/2016Motion for leave to file amicus brief filed by Cato Institute GRANTED.
04/25/2016Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. GRANTED.
04/25/2016Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
04/25/2016Petition DENIED Justice Thomas, with whom Justice Kennedy joins, dissenting from the denial of certiorari. (Detached Opinion)