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Town of Chester v. Laroe Estates, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
16-605 2d Cir. Apr 17, 2017 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

DateProceedings and Orders (key to color coding)
Sep 22 2016Application (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 2016Application (16A303) granted by Justice Ginsburg extending the time to file until November 3, 2016.
Nov 3 2016Petition for a writ of certiorari filed. (Response due December 5, 2016)
Nov 17 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Nov 22 2016Order extending time to file response to petition to and including December 7, 2016.
Dec 2 2016Brief amicus curiae of The International Municipal Lawyers Association filed.
Dec 5 2016Brief of respondent Laroe Estates, Inc. in opposition filed.
Dec 20 2016Reply of petitioner Town of Chester, New York filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Feb 7 2017Motion to be added as a respondent and for leave to participate in oral argument filed by Nancy Sherman, Executrix.
Feb 15 2017Response to motion of Nancy Sherman, Executrix from counsel for respondent.
Feb 16 2017Response to motion of Nancy Sherman, Executrix from counsel for petitioner.
Feb 17 2017SET FOR ARGUMENT ON Monday, April 17, 2017
Feb 17 2017Reply of Nancy Sherman, Executrix.
Feb 22 2017Record requested from the U.S.C.A. 2nd Circuit.
Feb 24 2017Joint appendix filed. (Statement of costs filed.)
Feb 24 2017Brief of petitioner Town of Chester, New York filed.
Feb 27 2017Record received from the U.S.C.A. 2nd Circuit. The record is electronic.
Feb 28 2017Motion to be added as a respondent and for leave to participate in oral argument DENIED.
Mar 3 2017Brief amicus curiae of United States filed.
Mar 3 2017Brief amici curiae of National Association of Counties, et al. filed.
Mar 3 2017Brief amicus curiae of Professor Aaron- Andrew P. Bruhl filed.
Mar 6 2017Brief amicus curiae of Nancy Sherman, Executrix in support of neither party filed.
Mar 9 2017Motion 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 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 22 2017CIRCULATED.
Mar 27 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 27 2017Motion 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 2017Brief of respondent Laroe Estates, Inc. filed. (Distributed)
Mar 31 2017Brief amici curiae of National Association of Home Builders, et al. filed. (Distributed)
Apr 3 2017Brief amici curiae of Constitutional Accountability Center, and Institute for Justice filed. (Distributed)
Apr 3 2017Brief amici curiae of American Forest Resource Council, et al. filed. (Distributed)
Apr 10 2017Reply of petitioner Town of Chester, New York filed. (Distributed)
Apr 17 2017Argued. 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 2017Judgment VACATED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Jul 7 2017JUDGMENT ISSUED.