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Smyth v. Conservation Commission of Falmouth

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Petition for certiorari denied on December 16, 2019
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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 22 2019Application (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 2019Application (19A88) granted by Justice Breyer extending the time to file until August 21, 2019.
Aug 16 2019Petition for a writ of certiorari filed. (Response due September 19, 2019)
Sep 06 2019Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.
Sep 09 2019Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
Sep 09 2019Blanket Consent filed by Petitioner, Janice Smyth.
Sep 17 2019Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al.
Sep 18 2019Brief amici curiae of Mountain States Legal Foundation and Cato Institute filed.
Sep 19 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Sep 19 2019Blanket Consent filed by Respondent, Conservation Commission of Falmouth and Town of Falmouth.
Oct 21 2019Brief of respondents Conservation Commission of Falmouth and Town of Falmouth in opposition filed.
Oct 31 2019Reply of petitioner Janice Smyth filed.
Nov 06 2019DISTRIBUTED for Conference of 11/22/2019.
Dec 02 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 09 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 16 2019Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. GRANTED.
Dec 16 2019Petition DENIED.