|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|19-223||Mass. App. Ct.||N/A||N/A||N/A||N/A||OT 2019|
Issues: (1) Whether the loss of all developmental use of property and a 91.5 percent decline in its value is a sufficient “economic impact” to support a regulatory takings claim under Penn Central Transportation Co. v. New York City; (2) whether a person who acquires land in a developed area, prior to regulation, has a legitimate “expectation” of building and, if so, whether that interest can be defeated by a lack of investment in construction; and (3) whether the Supreme Court should excise the “character” factor from Penn Central regulatory takings analysis.
|Date||Proceedings and Orders |
|Jul 22 2019||Application (19A88) to extend the time to file a petition for a writ of certiorari from August 7, 2019 to August 21, 2019, submitted to Justice Breyer.|
|Jul 25 2019||Application (19A88) granted by Justice Breyer extending the time to file until August 21, 2019.|
|Aug 16 2019||Petition for a writ of certiorari filed. (Response due September 19, 2019)|
|Sep 06 2019||Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.|
|Sep 09 2019||Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.|
|Sep 09 2019||Blanket Consent filed by Petitioner, Janice Smyth.|
|Sep 17 2019||Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al.|
|Sep 18 2019||Brief amici curiae of Mountain States Legal Foundation and Cato Institute filed.|
|Sep 19 2019||Brief amicus curiae of Center for Constitutional Jurisprudence filed.|
|Sep 19 2019||Blanket Consent filed by Respondent, Conservation Commission of Falmouth and Town of Falmouth.|
|Oct 21 2019||Brief of respondents Conservation Commission of Falmouth and Town of Falmouth in opposition filed.|
|Oct 31 2019||Reply of petitioner Janice Smyth filed.|
|Nov 06 2019||DISTRIBUTED for Conference of 11/22/2019.|
|Dec 02 2019||DISTRIBUTED for Conference of 12/6/2019.|
|Dec 09 2019||DISTRIBUTED for Conference of 12/13/2019.|
|Dec 16 2019||Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. GRANTED.|
|Dec 16 2019||Petition DENIED.|
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