Knick v. Township of Scott, Pennsylvania
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-647 | Jan 16, 2019 | Jun 21, 2019 | 5-4 | Roberts | OT 2018 |
Holding: A government violates the takings clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U. S. C. "1983 at that time; the state-litigation requirement of Williamson County Regional Planning Comm"n v. Hamilton Bank of Johnson City, is overruled.
Judgment: Vacated and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2019. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: Court overrules takings precedent, allowing more suits in federal court (Miriam Seifter, June 22, 2019)
- A "view" from the courtroom: "We break no new legal ground" (Mark Walsh, June 21, 2019)
- Reargument analysis: Justices seek a middle position in takings litigation case (Miriam Seifter, January 17, 2019)
- Reargument preview: A new theory of when local-government takings occur (Miriam Seifter, January 9, 2019)
- OT2018 #7: "Now Who's the Legal Realist?" (First Mondays, November 12, 2018)
- Busy afternoon at the Supreme Court: Six grants and one reargument order, but no stay in census dispute (Amy Howe, November 2, 2018)
- OT2018 #2: "Alea Iacta Est" (First Mondays, October 8, 2018)
- Argument analysis: Weighing federal court access for local takings plaintiffs (Miriam Seifter, October 4, 2018)
- Argument preview: Overruling Williamson County in the Knick of time? (Miriam Seifter, September 26, 2018)
- Justices grant review in two new cases (Amy Howe, March 5, 2018)
| Date | Proceedings and Orders |
|---|---|
| 09/07/2017 | Application (17A272) to extend the time to file a petition for a writ of certiorari from October 4, 2017 to November 1, 2017, submitted to Justice Alito. |
| 09/11/2017 | Application (17A272) granted by Justice Alito extending the time to file until November 1, 2017. |
| 10/31/2017 | Petition for a writ of certiorari filed. (Response due December 4, 2017) |
| 11/13/2017 | Blanket Consent filed by Petitioner, Rose Mary Knick. |
| 11/29/2017 | Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk. |
| 11/29/2017 | Blanket Consent filed by Respondent, Township of Scott, PA. |
| 12/04/2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2018 |
| 12/04/2017 | Brief amici curiae of Cato Institute, et al. filed. |
| 12/04/2017 | Brief amicus curiae of Institute for Justice filed. |
| 12/04/2017 | Brief amicus curiae of National Association of Home Builders filed. |
| 01/03/2018 | Brief of respondent Township of Scott, Pennsylvania in opposition filed. |
| 01/12/2018 | Reply of petitioner Rose Mary Knick filed. (Distributed) |
| 01/17/2018 | DISTRIBUTED for Conference of 2/16/2018. |
| 02/20/2018 | DISTRIBUTED for Conference of 2/23/2018. |
| 02/26/2018 | DISTRIBUTED for Conference of 3/2/2018. |
| 03/05/2018 | Petition GRANTED limited to Question 1 presented by the petition. |
| 03/08/2018 | Joint Motion for an extension of time filed. |
| 03/09/2018 | Joint Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2018. The time to file respondents' brief on the merits is extended to and including July 20, 2018. |
| 04/30/2018 | Blanket Consent filed by Petitioner, Rose Mary Knick |
| 05/02/2018 | Blanket Consent filed by Respondent, Township of Scott, Pennsylvania |
| 05/11/2018 | Brief amicus curiae of Western Manufactured Housing Communities Association filed. |
| 05/17/2018 | Joint motion for a further extension of time filed. |
| 05/21/2018 | Joint motion for a further extension of time granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 29, 2018. The time to file respondents' brief on the merits is further extended to and including July 30, 2018. |
| 05/29/2018 | Brief of petitioner Rose Mary Knick filed. |
| 05/29/2018 | Joint appendix filed (to be reprinted). |
| 05/29/2018 | Joint appendix filed (6/4/18 reprint received). (Statement of costs filed.) |
| 05/31/2018 | Brief amicus curiae of American Planning Association in support of neither party filed. |
| 06/01/2018 | Brief amici curiae of Washington Legal Foundation, et al filed. |
| 06/01/2018 | Brief amici curiae of American Farm Bureau Federation, National Cattlemen's Beef Association and CATL Fund filed. |
| 06/04/2018 | Brief amicus curiae of Ohio Farm Bureau Federation filed. |
| 06/04/2018 | Brief amicus curiae of Institute for Justice filed. |
| 06/04/2018 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| 06/04/2018 | Brief amicus curiae of Justice and Freedom Fund filed. |
| 06/05/2018 | Brief amicus curiae of The Becket Fund for Religious Liberty filed. |
| 06/05/2018 | Brief amici curiae of The States of Texas and Oklahoma filed. |
| 06/05/2018 | Brief amicus curiae of United States filed. |
| 06/05/2018 | Brief amici curiae of Citizens' Alliance for Property Rights Legal Fund and Inversecondemnation.com filed. |
| 06/05/2018 | Brief amici curiae of Cato Institute, et al. filed. |
| 06/05/2018 | Brief amicus curiae of New England Legal Foundation filed. |
| 06/05/2018 | Brief amici curiae of San Remo Hotel, L.P., et al. filed. |
| 06/05/2018 | Brief amici curiae of AARP and AARP Foundation filed. |
| 06/05/2018 | Brief amici curiae of Congressmen King, et al. filed. |
| 06/05/2018 | Brief amicus curiae of National Association of Home Builders filed. |
| 07/09/2018 | SET FOR ARGUMENT On Wednesday, October 3, 2018 |
| 07/30/2018 | Brief of respondent Township of Scott, Pennsylvania filed. |
| 07/31/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/02/2018 | Brief amicus curiae of Cemetery Law Scholars filed. (Distributed) |
| 08/03/2018 | CIRCULATED |
| 08/06/2018 | Brief amici curiae of Takings and Federal Courts Scholars filed. (Distributed) |
| 08/06/2018 | Brief amici curiae of States of California, et al. filed. (Distributed) |
| 08/06/2018 | Brief amici curiae of National Governors Association, et al. filed. (Distributed) |
| 08/07/2018 | Record requested from the U.S.C.A. 3rd Circuit. |
| 08/20/2018 | Record received from both the U.S.C.A. 3rd Circuit, and from the U.S.D.C. Middle District of Pennsylvania (Scranton) is electronic. |
| 08/24/2018 | Reply of petitioner Rose Mary Knick filed. (Distributed) |
| 09/24/2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/03/2018 | Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa. |
| 11/02/2018 | This case is restored to the calendar for reargument. The parties and the Solicitor General are directed to file letter briefs, not to exceed 10 pages, addressing petitioner's alternative argument for vacatur, discussed at pages 12-15 and 40-42 of the transcript of oral argument and in footnote 14 of petitioner's brief on the merits. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 4 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018. |
| 11/28/2018 | SET FOR REARGUMENT ON Wednesday, January 16, 2019 |
| 11/30/2018 | CIRCULATED |
| 11/30/2018 | Supplemental letter brief of petitioner Rose Mary Knick filed. (Distributed) |
| 11/30/2018 | Supplemental letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed) |
| 11/30/2018 | Supplemental letter brief of United States as amicus curiae filed. (Distributed) |
| 12/06/2018 | Supplemental reply letter brief of petitioner Rose Mary Knick filed. (Distributed) |
| 12/11/2018 | Record requested from the U.S.C.A. 3rd Circuit. |
| 12/21/2018 | Supplemental reply letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed) |
| 12/21/2018 | Supplemental reply letter brief of United States as amicus curiae filed. (Distributed) |
| 01/11/2019 | Letter of petitioner citing new authority not accepted for filing. (Duplicate submission). |
| 01/11/2019 | Letter of petitioner citing supplemental authority filed. (Distributed) |
| 01/14/2019 | Letter of respondents in response to petitioner's letter citing supplemental authority filed. (Distributed) |
| 01/16/2019 | Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa. |
| 01/18/2019 | Letter in reply regarding supplemental authority filed by petitioner. (Distributed) |
| 06/21/2019 | Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined. |
| 07/23/2019 | JUDGMENT ISSUED. |