Town of Chester v. Laroe Estates, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-605 | 2d Cir. |
Apr 17, 2017 Tr.Aud. |
Jun 5, 2017 | 9-0 | Alito | OT 2016 |
Holding: (1) A litigant seeking to intervene as of right under Federal Rule of Civil Procedure 24(a)(2) must meet the requirements of Article III standing if the intervenor wishes to pursue relief not requested by a plaintiff; and (2) the court of appeals is to address on remand the question whether Laroe Estates seeks different relief than Steven Sherman: If Laroe wants only a money judgment of its own running directly against the town of Chester, then it seeks damages different from those sought by Sherman and must establish its own Article III standing in order to intervene.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Alito on June 5, 2017.
SCOTUSblog Coverage
- Opinion analysis: Standing, intervention and a narrow disposition (Howard M. Wasserman)
- Argument analysis: Intervention, standing and control over litigation (Howard M. Wasserman)
- Argument preview: Standing for intervention (Howard M. Wasserman)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe)
- Petition of the day (Kate Howard)
| Date | Proceedings and Orders |
|---|---|
| Sep 22 2016 | Application (16A303) to extend the time to file a petition for a writ of certiorari from October 4, 2016 to November 3, 2016, submitted to Justice Ginsburg. |
| Sep 23 2016 | Application (16A303) granted by Justice Ginsburg extending the time to file until November 3, 2016. |
| Nov 3 2016 | Petition for a writ of certiorari filed. (Response due December 5, 2016) |
| Nov 17 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner. |
| Nov 22 2016 | Order extending time to file response to petition to and including December 7, 2016. |
| Dec 2 2016 | Brief amicus curiae of The International Municipal Lawyers Association filed. |
| Dec 5 2016 | Brief of respondent Laroe Estates, Inc. in opposition filed. |
| Dec 20 2016 | Reply of petitioner Town of Chester, New York filed. |
| Dec 21 2016 | DISTRIBUTED for Conference of January 6, 2017. |
| Jan 9 2017 | DISTRIBUTED for Conference of January 13, 2017. |
| Jan 13 2017 | Petition GRANTED. |
| Feb 7 2017 | Motion to be added as a respondent and for leave to participate in oral argument filed by Nancy Sherman, Executrix. |
| Feb 15 2017 | Response to motion of Nancy Sherman, Executrix from counsel for respondent. |
| Feb 16 2017 | Response to motion of Nancy Sherman, Executrix from counsel for petitioner. |
| Feb 17 2017 | SET FOR ARGUMENT ON Monday, April 17, 2017 |
| Feb 17 2017 | Reply of Nancy Sherman, Executrix. |
| Feb 22 2017 | Record requested from the U.S.C.A. 2nd Circuit. |
| Feb 24 2017 | Joint appendix filed. (Statement of costs filed.) |
| Feb 24 2017 | Brief of petitioner Town of Chester, New York filed. |
| Feb 27 2017 | Record received from the U.S.C.A. 2nd Circuit. The record is electronic. |
| Feb 28 2017 | Motion to be added as a respondent and for leave to participate in oral argument DENIED. |
| Mar 3 2017 | Brief amicus curiae of United States filed. |
| Mar 3 2017 | Brief amici curiae of National Association of Counties, et al. filed. |
| Mar 3 2017 | Brief amicus curiae of Professor Aaron- Andrew P. Bruhl filed. |
| Mar 6 2017 | Brief amicus curiae of Nancy Sherman, Executrix in support of neither party filed. |
| Mar 9 2017 | Motion for reconsideration of motion to be added as a respondent and for leave to participate in oral argument filed by Nancy Sherman, Executrix. |
| Mar 10 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Mar 22 2017 | CIRCULATED. |
| Mar 27 2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Mar 27 2017 | Motion of Nancy Sherman, Executrix, for reconsideration of motion to be added as a respondent and for leave to participate in oral argument DENIED. |
| Mar 27 2017 | Brief of respondent Laroe Estates, Inc. filed. (Distributed) |
| Mar 31 2017 | Brief amici curiae of National Association of Home Builders, et al. filed. (Distributed) |
| Apr 3 2017 | Brief amici curiae of Constitutional Accountability Center, and Institute for Justice filed. (Distributed) |
| Apr 3 2017 | Brief amici curiae of American Forest Resource Council, et al. filed. (Distributed) |
| Apr 10 2017 | Reply of petitioner Town of Chester, New York filed. (Distributed) |
| Apr 17 2017 | Argued. For petitioner: Neal K. Katyal, Washington, D. C.; and Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Shay Dvoretzky, Washington, D. C. |
| Jun 5 2017 | Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court. |
| Jul 7 2017 | JUDGMENT ISSUED. |
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