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Bridge Aina Le’a, LLC v. Hawaii Land Use Commission

Petition for certiorari denied on February 22, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
20-54 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether, as the U.S. Court of Appeals for the 9th Circuit’s extensive, published ruling eliminates property owners’ ability to recover for temporary property takings under any theory, and that ruling conflicts with decisions of other courts, including the Supreme Court, the Supreme Court needs to clarify the rules for recovery for temporary regulatory takings; (2) whether, in light of the confusion in the lower courts as to the application of the factors from Penn Central Transportation Co. v. New York City — to the point where it has become almost impossible for property owners to prevail on this theory — the Supreme Court should reexamine and explain how Penn Central analysis is supposed to be done — or dispensed with; (3) whether, in light of the 9th Circuit’s holding that almost no value loss — no matter how great — can ever establish a temporary taking under either Lucas v. South Carolina Coastal Council or Penn Central, it is necessary for the Supreme Court to clarify the standards; and (4) whether, in light of Penn Central’s clear direction that cases like this are to be determined ad hoc, on their individual facts, and the Supreme Court’s approval in City of Monterey v. Del Monte Dunes, that takings liability be decided by a jury, appellate courts need to stay their hands (as mandated by the Seventh Amendment’s re-examination clause) when — as here — reviewing jury findings of fact-based takings issues, particularly when the trial judge confirmed those findings.

DateProceedings and Orders (key to color coding)
Jul 17 2020Petition for a writ of certiorari filed. (Response due August 21, 2020)
Aug 14 2020Waiver of right of respondent Hawaii Land Use Commission to respond filed.
Aug 19 2020DISTRIBUTED for Conference of 9/29/2020.
Aug 20 2020Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
Aug 20 2020Brief amici curiae of Four Takings Scholars filed. (Distributed)
Aug 21 2020Brief amici curiae of National Association of Home Builders, et al. filed. (Distributed)
Aug 21 2020Brief amicus curiae of Owners' Counsel of America, National Association of Reversionary Property Owners, NFIB Small Business Legal Center, Reason Foundation, and Professor Shelley Ross Saxer submitted.
Aug 21 2020Brief amicus curiae of Matteoni, O'Laughlin & Hechtman submitted.
Sep 09 2020Blanket Consent filed by Respondent, Hawaii Land Use Commission
Sep 24 2020Response Requested. (Due October 26, 2020)
Sep 30 2020Motion to extend the time to file a response from October 26, 2020 to November 25, 2020, submitted to The Clerk.
Oct 02 2020Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2020.
Oct 26 2020Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Nov 25 2020Brief of respondent Hawaii Land Use Commission in opposition filed.
Dec 02 2020Reply of petitioner Bridge Aina Le'a, LLC filed.
Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 04 2021Rescheduled.
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021Petition DENIED. Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)