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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.

DateProceedings and Orders (key to color coding)
May 02 2023Petition for a writ of certiorari filed. (Response due June 5, 2023)
May 26 2023Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
May 30 2023Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
Jun 01 2023Brief amicus curiae of Pacific Legal Foundation filed.
Jun 02 2023Brief amicus curiae of Cato Institute filed.
Jun 02 2023Brief amicus curiae of Texas Public Policy Foundation, et al. filed.
Jun 05 2023Brief amicus curiae of Buckeye Institute filed.
Jun 05 2023Brief amici curiae of California Building Industry Association and National Association of Home Builders filed.
Jul 05 2023Brief of respondent County of El Dorado, California in opposition filed.
Jul 18 2023Reply of petitioner George Sheetz filed. (Distributed)
Jul 19 2023DISTRIBUTED for Conference of 9/26/2023.
Sep 29 2023Petition GRANTED.
Nov 13 2023Brief of petitioner George Sheetz filed.
Nov 13 2023Joint appendix filed. (Statement of costs filed)
Nov 14 2023Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Nov 16 2023Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Nov 17 2023SET FOR ARGUMENT on Tuesday, January 9, 2024.
Nov 17 2023Brief amicus curiae of Building Industry Association of the Greater Valley filed.
Nov 17 2023Brief amici curiae of California Building Industry Association, et al. filed.
Nov 20 2023Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 20 2023Brief amicus curiae of Bay Area Council filed.
Nov 20 2023Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20 2023Brief amici curiae of National Association of Realtors, et al. filed.
Nov 20 2023Brief amicus curiae of Cato Institute filed.
Nov 20 2023Brief amici curiae of California Housing Defense Fund, et al. filed.
Nov 20 2023Brief amici curiae of Citizen Action Defense Fund, et al. filed.
Nov 20 2023Brief amici curiae of Hotel Des Arts, LLC, et al. filed.
Nov 20 2023Brief amici curiae of Buckeye Institute, et al. filed.
Nov 20 2023Brief amicus curiae of American Planning Association in support of neither party filed.
Nov 21 2023Record requested from the Court of Appeal of California, Third Appellate District.
Nov 21 2023Brief amici curiae of Charles Gardner, et al. filed.
Nov 29 2023Record received from the Court of Appeal of California, Third Appellate District. The record is electronic and is available with the Clerk.
Nov 30 2023CIRCULATED
Dec 13 2023Brief of respondent County of El Dorado, California filed. (Distributed)
Dec 15 2023Brief amici curiae of California State Association of Counties, et al. filed. (Distributed)
Dec 19 2023Brief amici curiae of City And County Of San Francisco, et al. filed. (Distributed)
Dec 20 2023Brief amicus curiae of United States filed. (Distributed)
Dec 20 2023Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 20 2023Brief amici curiae of National Association of Clean Water Agencies, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of California, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. (Distributed)
Dec 20 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 29 2023Reply of petitioner George Sheetz filed. (Distributed)
Jan 05 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 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.)