Knick v. Township of Scott, Pennsylvania
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 John Roberts on Jun 21, 2019. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, in which Justices Ginsburg, Breyer, and Sotomayor joined.
Sep 7, 2017Application (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.
Sep 11, 2017Application (17A272) granted by Justice Alito extending the time to file until November 1, 2017.
Oct 31, 2017Petition for a writ of certiorari filed. (Response due December 4, 2017)Nov 13, 2017Blanket Consent filed by Petitioner, Rose Mary Knick.
Nov 29, 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.Nov 29, 2017Blanket Consent filed by Respondent, Township of Scott, PA.Dec 4, 2017Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2018
Dec 4, 2017Brief amici curiae of Cato Institute, et al. filed.Dec 4, 2017Brief amicus curiae of Institute for Justice filed.Dec 4, 2017Brief amicus curiae of National Association of Home Builders filed.Jan 3, 2018Brief of respondent Township of Scott, Pennsylvania in opposition filed.Jan 12, 2018Reply of petitioner Rose Mary Knick filed. (Distributed)Jan 17, 2018DISTRIBUTED for Conference of 2/16/2018.
Feb 20, 2018DISTRIBUTED for Conference of 2/23/2018.
Feb 26, 2018DISTRIBUTED for Conference of 3/2/2018.
Mar 5, 2018Petition GRANTED limited to Question 1 presented by the petition.
Mar 8, 2018Joint Motion for an extension of time filed.Mar 9, 2018Joint 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.
Apr 30, 2018Blanket Consent filed by Petitioner, Rose Mary KnickMay 2, 2018Blanket Consent filed by Respondent, Township of Scott, PennsylvaniaMay 11, 2018Brief amicus curiae of Western Manufactured Housing Communities Association filed.May 17, 2018Joint motion for a further extension of time filed.May 21, 2018Joint 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.
May 29, 2018Brief of petitioner Rose Mary Knick filed.May 29, 2018Joint appendix filed (to be reprinted).
May 29, 2018Joint appendix filed (6/4/18 reprint received). (Statement of costs filed.)May 31, 2018Brief amicus curiae of American Planning Association in support of neither party filed.Jun 1, 2018Brief amici curiae of Washington Legal Foundation, et al filed.Jun 1, 2018Brief amici curiae of American Farm Bureau Federation, National Cattlemen's Beef Association and CATL Fund filed.Jun 4, 2018Brief amicus curiae of Ohio Farm Bureau Federation filed.Jun 4, 2018Brief amicus curiae of Institute for Justice filed.Jun 4, 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.Jun 4, 2018Brief amicus curiae of Justice and Freedom Fund filed.Jun 5, 2018Brief amicus curiae of The Becket Fund for Religious Liberty filed.Jun 5, 2018Brief amici curiae of The States of Texas and Oklahoma filed.Jun 5, 2018Brief amicus curiae of United States filed.Jun 5, 2018Brief amici curiae of Citizens' Alliance for Property Rights Legal Fund and Inversecondemnation.com filed.Jun 5, 2018Brief amici curiae of Cato Institute, et al. filed.Jun 5, 2018Brief amicus curiae of New England Legal Foundation filed.Jun 5, 2018Brief amici curiae of San Remo Hotel, L.P., et al. filed.Jun 5, 2018Brief amici curiae of AARP and AARP Foundation filed.Jun 5, 2018Brief amici curiae of Congressmen King, et al. filed.Jun 5, 2018Brief amicus curiae of National Association of Home Builders filed.Jul 9, 2018SET FOR ARGUMENT On Wednesday, October 3, 2018
Jul 30, 2018Brief of respondent Township of Scott, Pennsylvania filed.Jul 31, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Aug 2, 2018Brief amicus curiae of Cemetery Law Scholars filed. (Distributed)Aug 3, 2018CIRCULATED
Aug 6, 2018Brief amici curiae of Takings and Federal Courts Scholars filed. (Distributed)Aug 6, 2018Brief amici curiae of States of California, et al. filed. (Distributed)Aug 6, 2018Brief amici curiae of National Governors Association, et al. filed. (Distributed)Aug 7, 2018Record requested from the U.S.C.A. 3rd Circuit.
Aug 20, 2018Record received from both the U.S.C.A. 3rd Circuit, and from the U.S.D.C. Middle District of Pennsylvania (Scranton) is electronic.
Aug 24, 2018Reply of petitioner Rose Mary Knick filed. (Distributed)Sep 24, 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 3, 2018Argued. 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.
Nov 2, 2018This 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.
Nov 28, 2018SET FOR REARGUMENT ON Wednesday, January 16, 2019
Nov 30, 2018CIRCULATED
Nov 30, 2018Supplemental letter brief of petitioner Rose Mary Knick filed. (Distributed)Nov 30, 2018Supplemental letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)Nov 30, 2018Supplemental letter brief of United States as amicus curiae filed. (Distributed)Dec 6, 2018Supplemental reply letter brief of petitioner Rose Mary Knick filed. (Distributed)Dec 11, 2018Record requested from the U.S.C.A. 3rd Circuit.
Dec 21, 2018Supplemental reply letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)Dec 21, 2018Supplemental reply letter brief of United States as amicus curiae filed. (Distributed)Jan 11, 2019Letter of petitioner citing new authority not accepted for filing. (Duplicate submission).
Jan 11, 2019Letter of petitioner citing supplemental authority filed. (Distributed)Jan 14, 2019Letter of respondents in response to petitioner's letter citing supplemental authority filed. (Distributed)Jan 16, 2019Argued. 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.
Jan 18, 2019Letter in reply regarding supplemental authority filed by petitioner. (Distributed)Jun 21, 2019Judgment 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.
Jul 23, 2019JUDGMENT ISSUED.
Recommended Citation: Knick v. Township of Scott, Pennsylvania, SCOTUSblog, https://www.scotusblog.com/cases/knick-v-township-scott-pennsylvania/