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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

DateProceedings and Orders (key to color coding)
Sep 07 2017Application (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 2017Application (17A272) granted by Justice Alito extending the time to file until November 1, 2017.
Oct 31 2017Petition for a writ of certiorari filed. (Response due December 4, 2017)
Nov 13 2017Blanket Consent filed by Petitioner, Rose Mary Knick.
Nov 29 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 29 2017Blanket Consent filed by Respondent, Township of Scott, PA.
Dec 04 2017Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2018
Dec 04 2017Brief amici curiae of Cato Institute, et al. filed.
Dec 04 2017Brief amicus curiae of Institute for Justice filed.
Dec 04 2017Brief amicus curiae of National Association of Home Builders filed.
Jan 03 2018Brief of respondent Township of Scott, Pennsylvania in opposition filed.
Jan 12 2018Reply of petitioner Rose Mary Knick filed. (Distributed)
Jan 17 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 05 2018Petition GRANTED limited to Question 1 presented by the petition.
Mar 08 2018Joint Motion for an extension of time filed.
Mar 09 2018Joint 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 2018Blanket Consent filed by Petitioner, Rose Mary Knick
May 02 2018Blanket Consent filed by Respondent, Township of Scott, Pennsylvania
May 11 2018Brief amicus curiae of Western Manufactured Housing Communities Association filed.
May 17 2018Joint motion for a further extension of time filed.
May 21 2018Joint 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 2018Brief of petitioner Rose Mary Knick filed.
May 29 2018Joint appendix filed (to be reprinted).
May 29 2018Joint appendix filed (6/4/18 reprint received). (Statement of costs filed.)
May 31 2018Brief amicus curiae of American Planning Association in support of neither party filed.
Jun 01 2018Brief amici curiae of Washington Legal Foundation, et al filed.
Jun 01 2018Brief amici curiae of American Farm Bureau Federation, National Cattlemen's Beef Association and CATL Fund filed.
Jun 04 2018Brief amicus curiae of Ohio Farm Bureau Federation filed.
Jun 04 2018Brief amicus curiae of Institute for Justice filed.
Jun 04 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Jun 04 2018Brief amicus curiae of Justice and Freedom Fund filed.
Jun 05 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Jun 05 2018Brief amici curiae of The States of Texas and Oklahoma filed.
Jun 05 2018Brief amicus curiae of United States filed.
Jun 05 2018Brief amici curiae of Citizens' Alliance for Property Rights Legal Fund and Inversecondemnation.com filed.
Jun 05 2018Brief amici curiae of Cato Institute, et al. filed.
Jun 05 2018Brief amicus curiae of New England Legal Foundation filed.
Jun 05 2018Brief amici curiae of San Remo Hotel, L.P., et al. filed.
Jun 05 2018Brief amici curiae of AARP and AARP Foundation filed.
Jun 05 2018Brief amici curiae of Congressmen King, et al. filed.
Jun 05 2018Brief amicus curiae of National Association of Home Builders filed.
Jul 09 2018SET FOR ARGUMENT On Wednesday, October 3, 2018
Jul 30 2018Brief of respondent Township of Scott, Pennsylvania filed.
Jul 31 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 02 2018Brief amicus curiae of Cemetery Law Scholars filed. (Distributed)
Aug 03 2018CIRCULATED
Aug 06 2018Brief amici curiae of Takings and Federal Courts Scholars filed. (Distributed)
Aug 06 2018Brief amici curiae of States of California, et al. filed. (Distributed)
Aug 06 2018Brief amici curiae of National Governors Association, et al. filed. (Distributed)
Aug 07 2018Record requested from the U.S.C.A. 3rd Circuit.
Aug 20 2018Record 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 2018Reply of petitioner Rose Mary Knick filed. (Distributed)
Sep 24 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 03 2018Argued. 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 2018This 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 2018SET FOR REARGUMENT ON Wednesday, January 16, 2019
Nov 30 2018CIRCULATED
Nov 30 2018Supplemental letter brief of petitioner Rose Mary Knick filed. (Distributed)
Nov 30 2018Supplemental letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)
Nov 30 2018Supplemental letter brief of United States as amicus curiae filed. (Distributed)
Dec 06 2018Supplemental reply letter brief of petitioner Rose Mary Knick filed. (Distributed)
Dec 11 2018Record requested from the U.S.C.A. 3rd Circuit.
Dec 21 2018Supplemental reply letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)
Dec 21 2018Supplemental reply letter brief of United States as amicus curiae filed. (Distributed)
Jan 11 2019Letter of petitioner citing new authority not accepted for filing. (Duplicate submission).
Jan 11 2019Letter of petitioner citing supplemental authority filed. (Distributed)
Jan 14 2019Letter of respondents in response to petitioner's letter citing supplemental authority filed. (Distributed)
Jan 16 2019Argued. 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 2019Letter in reply regarding supplemental authority filed by petitioner. (Distributed)
Jun 21 2019Judgment 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.
Jul 23 2019JUDGMENT ISSUED.
 
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