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Knick v. Township of Scott, Pennsylvania
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-647 | 3d Cir. |
Jan 16, 2019 Tr.Aud. |
Jun 21, 2019 | 5-4 | Roberts | OT 2018 |
Holding: A government violates the takings clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U. S. C. §1983 at that time; the state-litigation requirement of Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, is overruled.
Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2019. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Court overrules takings precedent, allowing more suits in federal court (Miriam Seifter)
- A "view" from the courtroom: "We break no new legal ground" (Mark Walsh)
- Reargument analysis: Justices seek a “middle position” in takings litigation case (Miriam Seifter)
- Reargument preview: A new theory of when local-government takings occur (Miriam Seifter)
- OT2018 #7: "Now Who's the Legal Realist?" (First Mondays)
- Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute (Amy Howe)
- OT2018 #2: "Alea Iacta Est" (First Mondays)
- Argument analysis: Weighing federal court access for local takings plaintiffs (Miriam Seifter)
- Argument preview: Overruling Williamson County in the “Knick” of time? (Miriam Seifter)
- Justices grant review in two new cases (Amy Howe)
| Date | Proceedings and Orders |
|---|---|
| Sep 07 2017 | Application (17A272) to extend the time to file a petition for a writ of certiorari from October 4, 2017 to November 1, 2017, submitted to Justice Alito. |
| Sep 11 2017 | Application (17A272) granted by Justice Alito extending the time to file until November 1, 2017. |
| Oct 31 2017 | Petition for a writ of certiorari filed. (Response due December 4, 2017) |
| Nov 13 2017 | Blanket Consent filed by Petitioner, Rose Mary Knick. |
| Nov 29 2017 | Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk. |
| Nov 29 2017 | Blanket Consent filed by Respondent, Township of Scott, PA. |
| Dec 04 2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2018 |
| Dec 04 2017 | Brief amici curiae of Cato Institute, et al. filed. |
| Dec 04 2017 | Brief amicus curiae of Institute for Justice filed. |
| Dec 04 2017 | Brief amicus curiae of National Association of Home Builders filed. |
| Jan 03 2018 | Brief of respondent Township of Scott, Pennsylvania in opposition filed. |
| Jan 12 2018 | Reply of petitioner Rose Mary Knick filed. (Distributed) |
| Jan 17 2018 | DISTRIBUTED for Conference of 2/16/2018. |
| Feb 20 2018 | DISTRIBUTED for Conference of 2/23/2018. |
| Feb 26 2018 | DISTRIBUTED for Conference of 3/2/2018. |
| Mar 05 2018 | Petition GRANTED limited to Question 1 presented by the petition. |
| Mar 08 2018 | Joint Motion for an extension of time filed. |
| Mar 09 2018 | Joint Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2018. The time to file respondents' brief on the merits is extended to and including July 20, 2018. |
| Apr 30 2018 | Blanket Consent filed by Petitioner, Rose Mary Knick |
| May 02 2018 | Blanket Consent filed by Respondent, Township of Scott, Pennsylvania |
| May 11 2018 | Brief amicus curiae of Western Manufactured Housing Communities Association filed. |
| May 17 2018 | Joint motion for a further extension of time filed. |
| May 21 2018 | Joint motion for a further extension of time granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 29, 2018. The time to file respondents' brief on the merits is further extended to and including July 30, 2018. |
| May 29 2018 | Brief of petitioner Rose Mary Knick filed. |
| May 29 2018 | Joint appendix filed (to be reprinted). |
| May 29 2018 | Joint appendix filed (6/4/18 reprint received). (Statement of costs filed.) |
| May 31 2018 | Brief amicus curiae of American Planning Association in support of neither party filed. |
| Jun 01 2018 | Brief amici curiae of Washington Legal Foundation, et al filed. |
| Jun 01 2018 | Brief amici curiae of American Farm Bureau Federation, National Cattlemen's Beef Association and CATL Fund filed. |
| Jun 04 2018 | Brief amicus curiae of Ohio Farm Bureau Federation filed. |
| Jun 04 2018 | Brief amicus curiae of Institute for Justice filed. |
| Jun 04 2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Jun 04 2018 | Brief amicus curiae of Justice and Freedom Fund filed. |
| Jun 05 2018 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| Jun 05 2018 | Brief amici curiae of The States of Texas and Oklahoma filed. |
| Jun 05 2018 | Brief amicus curiae of United States filed. |
| Jun 05 2018 | Brief amici curiae of Citizens' Alliance for Property Rights Legal Fund and Inversecondemnation.com filed. |
| Jun 05 2018 | Brief amici curiae of Cato Institute, et al. filed. |
| Jun 05 2018 | Brief amicus curiae of New England Legal Foundation filed. |
| Jun 05 2018 | Brief amici curiae of San Remo Hotel, L.P., et al. filed. |
| Jun 05 2018 | Brief amici curiae of AARP and AARP Foundation filed. |
| Jun 05 2018 | Brief amici curiae of Congressmen King, et al. filed. |
| Jun 05 2018 | Brief amicus curiae of National Association of Home Builders filed. |
| Jul 09 2018 | SET FOR ARGUMENT On Wednesday, October 3, 2018 |
| Jul 30 2018 | Brief of respondent Township of Scott, Pennsylvania filed. |
| Jul 31 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Aug 02 2018 | Brief amicus curiae of Cemetery Law Scholars filed. (Distributed) |
| Aug 03 2018 | CIRCULATED |
| Aug 06 2018 | Brief amici curiae of Takings and Federal Courts Scholars filed. (Distributed) |
| Aug 06 2018 | Brief amici curiae of States of California, et al. filed. (Distributed) |
| Aug 06 2018 | Brief amici curiae of National Governors Association, et al. filed. (Distributed) |
| Aug 07 2018 | Record requested from the U.S.C.A. 3rd Circuit. |
| Aug 20 2018 | Record received from both the U.S.C.A. 3rd Circuit, and from the U.S.D.C. Middle District of Pennsylvania (Scranton) is electronic. |
| Aug 24 2018 | Reply of petitioner Rose Mary Knick filed. (Distributed) |
| Sep 24 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Oct 03 2018 | Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa. |
| Nov 02 2018 | This case is restored to the calendar for reargument. The parties and the Solicitor General are directed to file letter briefs, not to exceed 10 pages, addressing petitioner's alternative argument for vacatur, discussed at pages 12-15 and 40-42 of the transcript of oral argument and in footnote 14 of petitioner's brief on the merits. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 4 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018. |
| Nov 28 2018 | SET FOR REARGUMENT ON Wednesday, January 16, 2019 |
| Nov 30 2018 | CIRCULATED |
| Nov 30 2018 | Supplemental letter brief of petitioner Rose Mary Knick filed. (Distributed) |
| Nov 30 2018 | Supplemental letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed) |
| Nov 30 2018 | Supplemental letter brief of United States as amicus curiae filed. (Distributed) |
| Dec 06 2018 | Supplemental reply letter brief of petitioner Rose Mary Knick filed. (Distributed) |
| Dec 11 2018 | Record requested from the U.S.C.A. 3rd Circuit. |
| Dec 21 2018 | Supplemental reply letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed) |
| Dec 21 2018 | Supplemental reply letter brief of United States as amicus curiae filed. (Distributed) |
| Jan 11 2019 | Letter of petitioner citing new authority not accepted for filing. (Duplicate submission). |
| Jan 11 2019 | Letter of petitioner citing supplemental authority filed. (Distributed) |
| Jan 14 2019 | Letter of respondents in response to petitioner's letter citing supplemental authority filed. (Distributed) |
| Jan 16 2019 | Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa. |
| Jan 18 2019 | Letter in reply regarding supplemental authority filed by petitioner. (Distributed) |
| Jun 21 2019 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. |
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