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Sheetz v. County of El Dorado, California

Docket No. Op. Below Argument Opinion Vote Author Term
22-1074 Cal. Ct. App. Jan 9, 2024 Apr 12, 2024 9-0 Barrett OT 2023

Holding: The Fifth Amendment's takings clause does not distinguish between legislative and administrative land-use permit conditions.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Barrett on April 12, 2024. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined. Justice Gorsuch filed a concurring opinion. Justice Kavanaugh filed a concurring opinion, in which Justices Kagan and Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/02/2023Petition for a writ of certiorari filed. (Response due June 5, 2023)
05/26/2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
05/30/2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
06/01/2023Brief amicus curiae of Pacific Legal Foundation filed.
06/02/2023Brief amicus curiae of Cato Institute filed.
06/02/2023Brief amicus curiae of Texas Public Policy Foundation, et al. filed.
06/05/2023Brief amicus curiae of Buckeye Institute filed.
06/05/2023Brief amici curiae of California Building Industry Association and National Association of Home Builders filed.
07/05/2023Brief of respondent County of El Dorado, California in opposition filed.
07/18/2023Reply of petitioner George Sheetz filed. (Distributed)
07/19/2023DISTRIBUTED for Conference of 9/26/2023.
09/29/2023Petition GRANTED.
11/13/2023Brief of petitioner George Sheetz filed.
11/13/2023Joint appendix filed. (Statement of costs filed)
11/14/2023Brief amici curiae of Southeastern Legal Foundation, et al. filed.
11/16/2023Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
11/17/2023SET FOR ARGUMENT on Tuesday, January 9, 2024.
11/17/2023Brief amicus curiae of Building Industry Association of the Greater Valley filed.
11/17/2023Brief amici curiae of California Building Industry Association, et al. filed.
11/20/2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
11/20/2023Brief amicus curiae of Bay Area Council filed.
11/20/2023Brief amicus curiae of Atlantic Legal Foundation filed.
11/20/2023Brief amici curiae of National Association of Realtors, et al. filed.
11/20/2023Brief amicus curiae of Cato Institute filed.
11/20/2023Brief amici curiae of California Housing Defense Fund, et al. filed.
11/20/2023Brief amici curiae of Citizen Action Defense Fund, et al. filed.
11/20/2023Brief amici curiae of Hotel Des Arts, LLC, et al. filed.
11/20/2023Brief amici curiae of Buckeye Institute, et al. filed.
11/20/2023Brief amicus curiae of American Planning Association in support of neither party filed.
11/21/2023Record requested from the Court of Appeal of California, Third Appellate District.
11/21/2023Brief amici curiae of Charles Gardner, et al. filed.
11/29/2023Record received from the Court of Appeal of California, Third Appellate District. The record is electronic and is available with the Clerk.
11/30/2023CIRCULATED
12/13/2023Brief of respondent County of El Dorado, California filed. (Distributed)
12/15/2023Brief amici curiae of California State Association of Counties, et al. filed. (Distributed)
12/19/2023Brief amici curiae of City And County Of San Francisco, et al. filed. (Distributed)
12/20/2023Brief amicus curiae of United States filed. (Distributed)
12/20/2023Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
12/20/2023Brief amici curiae of National Association of Clean Water Agencies, et al. filed. (Distributed)
12/20/2023Brief amici curiae of California, et al. filed. (Distributed)
12/20/2023Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. (Distributed)
12/20/2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
12/29/2023Reply of petitioner George Sheetz filed. (Distributed)
01/05/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
01/09/2024Argued. For petitioner: Paul J. Beard, II, Los Angeles, Cal. For respondent: Aileen M. McGrath, San Francisco, Cal.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
04/12/2024Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined. Gorsuch, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion, in which Kagan and Jackson, JJ., joined.
05/14/2024Judgment and Mandate Issued.