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Arrigoni Enterprises, LLC v. Durham

Certiorari Denied

Petition for certiorari denied on April 25, 2016.

Docket No.15-631
Op. Below2d Cir.

Issue

(1) Whether the Court should reconsider, and then overrule or modify, the portion of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City barring property owners from filing a federal takings claim in federal court until they exhaust state court remedies, when this rule results in numerous jurisdictional "anomalies" and has a "dramatic" negative impact on takings law under San Remo Hotel, L.P. v. City and County of San Francisco; and (2) whether, alternatively, federal courts can and should waive Williamson County"s state litigation requirement for prudential reasons when a federal takings claim is factually concrete without state procedures, as some circuit courts hold, or apply the requirement as a rigid jurisdictional barrier, as other circuits hold.

Proceedings & orders timeline

Nov 10, 2015
Petition for a writ of certiorari filed. (Response due December 14, 2015)
Dec 1, 2015
Order extending time to file response to petition to and including January 13, 2016.
Dec 2, 2015
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner
Dec 11, 2015
Motion for leave to file amicus brief filed by Cato Institute.
Dec 14, 2015
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Dec 14, 2015
Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al.
Dec 14, 2015
Motion for leave to file amicus brief filed by Institute for Justice.
Jan 13, 2016
Brief of respondents Town of Durham, Connecticut, et al. in opposition filed.
Jan 20, 2016
Reply of petitioner Arrigoni Enterprises, LLC filed.
Jan 27, 2016
DISTRIBUTED for Conference of February 19, 2016.
Feb 24, 2016
Rescheduled.
Feb 29, 2016
DISTRIBUTED for Conference of March 4, 2016.
Mar 2, 2016
Rescheduled.
Mar 14, 2016
DISTRIBUTED for Conference of March 18, 2016.
Mar 17, 2016
Rescheduled.
Mar 21, 2016
DISTRIBUTED for Conference of March 25, 2016.
Mar 23, 2016
Rescheduled.
Mar 28, 2016
DISTRIBUTED for Conference of April 1, 2016.
Apr 11, 2016
DISTRIBUTED for Conference of April 15, 2016.
Apr 18, 2016
DISTRIBUTED for Conference of April 22, 2016.
Apr 25, 2016
Motion for leave to file amicus brief filed by Cato Institute GRANTED.
Apr 25, 2016
Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. GRANTED.
Apr 25, 2016
Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
Apr 25, 2016
Petition DENIED Justice Thomas, with whom Justice Kennedy joins, dissenting from the denial of certiorari. (Detached Opinion)

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