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74 Pinehurst LLC v. New York

Certiorari Denied

Petition for certiorari denied on February 20, 2024.

Docket No.22-1130
Op. Below2nd Cir.

Issue

(1) Whether a law that prohibits owners from terminating a tenancy at the end of a fixed lease term, except on grounds outside the owner"s control, constitutes a physical taking; and (2) whether allegations that such a law conscripts private property for use as public housing stock, and thereby substantially reduces its value, state a regulatory takings claim.

Proceedings & orders timeline

Apr 28, 2023
Application (22A955) to extend the time to file a petition for a writ of certiorari from May 7, 2023 to June 7, 2023, submitted to Justice Sotomayor.
May 3, 2023
Application (22A955) granted by Justice Sotomayor extending the time to file until June 7, 2023.
May 17, 2023
Petition for a writ of certiorari filed. (Response due June 20, 2023)
Jun 5, 2023
Motion to extend the time to file a response from June 20, 2023 to August 21, 2023, submitted to The Clerk.
Jun 6, 2023
Brief amici curiae of California Apartment Association, et al. filed.
Jun 7, 2023
Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023, for all respondents.
Jun 9, 2023
Amicus brief of National Apartment Association, et al. (corrected efiling to be submitted). (June 09, 2023)
Jun 9, 2023
Brief amici curiae of National Apartment Association, et al. filed. VIDED.
Jun 9, 2023
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
Jun 13, 2023
Brief amicus curiae of Alexander Gallo filed. (also in 22-1095, 22-1170) VIDED.
Jun 19, 2023
Brief amicus curiae of Small Property Owners - NY, Inc. filed.
Jun 20, 2023
Brief amicus curiae of New York Association of Realtors®, Inc. filed.
Jun 20, 2023
Brief amici curiae of Cato Institute, et al. filed.
Jun 20, 2023
Amicus brief of Liberty Justice Center not accepted for filing. Corrected version submitted (June 22, 2023)
Jun 20, 2023
Brief amici curiae of Liberty Justice Center, et al. filed.
Jun 20, 2023
Brief amici curiae of Professor Richard A. Epstein, et al. filed.
Aug 21, 2023
Brief of State Respondents in opposition filed.
Aug 21, 2023
Brief of respondents City of New York, et al. in opposition filed.
Aug 21, 2023
Brief of respondents N.Y. Tenants and Neighbors, Community Voices Heard, and the Coalition for the Homeless in opposition filed.
Aug 23, 2023
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Aug 29, 2023
Reply of petitioners 74 Pinehurst LLC, et al. filed. (Distributed)
Aug 30, 2023
DISTRIBUTED for Conference of 9/26/2023.
Oct 2, 2023
DISTRIBUTED for Conference of 10/6/2023.
Oct 10, 2023
DISTRIBUTED for Conference of 10/13/2023.
Oct 23, 2023
DISTRIBUTED for Conference of 10/27/2023.
Oct 30, 2023
DISTRIBUTED for Conference of 11/3/2023.
Nov 6, 2023
DISTRIBUTED for Conference of 11/9/2023.
Nov 13, 2023
DISTRIBUTED for Conference of 11/17/2023.
Nov 27, 2023
DISTRIBUTED for Conference of 12/1/2023.
Dec 1, 2023
Rescheduled.
Dec 1, 2023
DISTRIBUTED for Conference of 12/8/2023.
Jan 2, 2024
DISTRIBUTED for Conference of 1/5/2024.
Jan 8, 2024
DISTRIBUTED for Conference of 1/12/2024.
Jan 16, 2024
DISTRIBUTED for Conference of 1/19/2024.
Feb 9, 2024
DISTRIBUTED for Conference of 2/16/2024.
Feb 20, 2024
Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari. (Detached Opinion)

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