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The Gym 24/7 Fitness, LLC v. Michigan

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
24-757 Mich. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether Penn Central Transportation Company v. City of New York should be clarified or overruled; and (2) whether a taking under the Fifth Amendment to the Constitution occurs upon the government asserting control over a property right, as the court held in Cedar Point Nursery v. Hassid, or instead upon the government asserting control over a property right for some undefined period of time, as the court held in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency.

DateProceedings and Orders (key to color coding)
10/25/2024Application (24A418) to extend the time to file a petition for a writ of certiorari from November 28, 2024 to January 16, 2025, submitted to Justice Kavanaugh.
10/31/2024Application (24A418) granted by Justice Kavanaugh extending the time to file until January 16, 2025.
01/14/2025Petition for a writ of certiorari filed. (Response due February 18, 2025)
02/11/2025Waiver of right of respondent Michigan to respond filed.
02/13/2025Brief amicus curiae of Rental Housing Association of Washington filed. VIDED.
02/14/2025Brief amici curiae of National Federation of Independent Business (NFIB) Small Business Legal Center, Inc., et al. filed. VIDED.
02/18/2025Brief amici curiae of National Association of REALTORS®, et al. filed.
02/18/2025Brief amicus curiae of The Buckeye Institute filed. VIDED.
02/18/2025Brief amicus curiae of New York Apartment Association filed.
02/26/2025DISTRIBUTED for Conference of 3/21/2025.
02/27/2025Response Requested. (Due March 31, 2025)
03/04/2025Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
03/05/2025Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2025.
03/28/2025Brief amici curiae of Citizen Action Defense Fund, et al. filed.
04/30/2025Brief of respondent Michigan in opposition filed.
05/09/2025Reply of The Gym 24/7 Fitness, LLC submitted.