Arrigoni Enterprises, LLC v. Durham
Petition for certiorari denied on April 25, 2016.
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.
Recommended Citation: Arrigoni Enterprises, LLC v. Durham, SCOTUSblog, https://www.scotusblog.com/cases/arrigoni-enterprises-llc-v-durham/