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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