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Sheetz v. County of El Dorado, California

Docket No.22-1074
Op. BelowCal. Ct. App.
ArgumentJan 9, 2024

Holding

The Fifth Amendment's takings clause does not distinguish between legislative and administrative land-use permit conditions.

Judgment

Vacated and remanded, 9-0, in an opinion by Amy Coney Barrett on Apr 12, 2024. Justice Sotomayor filed a concurring opinion, in which Justice Jackson joined. Justice Gorsuch filed a concurring opinion. Justice Kavanaugh filed a concurring opinion, in which Justices Kagan and Jackson joined.

Proceedings & orders timeline

May 2, 2023
Petition for a writ of certiorari filed. (Response due June 5, 2023)
May 26, 2023
Motion to extend the time to file a response from June 5, 2023 to July 5, 2023, submitted to The Clerk.
May 30, 2023
Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2023.
Jun 1, 2023
Brief amicus curiae of Pacific Legal Foundation filed.
Jun 2, 2023
Brief amicus curiae of Cato Institute filed.
Jun 2, 2023
Brief amicus curiae of Texas Public Policy Foundation, et al. filed.
Jun 5, 2023
Brief amicus curiae of Buckeye Institute filed.
Jun 5, 2023
Brief amici curiae of California Building Industry Association and National Association of Home Builders filed.
Jul 5, 2023
Brief of respondent County of El Dorado, California in opposition filed.
Jul 18, 2023
Reply of petitioner George Sheetz filed. (Distributed)
Jul 19, 2023
DISTRIBUTED for Conference of 9/26/2023.
Sep 29, 2023
Petition GRANTED.
Nov 13, 2023
Brief of petitioner George Sheetz filed.
Nov 13, 2023
Joint appendix filed. (Statement of costs filed)
Nov 14, 2023
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
Nov 16, 2023
Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Nov 17, 2023
SET FOR ARGUMENT on Tuesday, January 9, 2024.
Nov 17, 2023
Brief amicus curiae of Building Industry Association of the Greater Valley filed.
Nov 17, 2023
Brief amici curiae of California Building Industry Association, et al. filed.
Nov 20, 2023
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Nov 20, 2023
Brief amicus curiae of Bay Area Council filed.
Nov 20, 2023
Brief amicus curiae of Atlantic Legal Foundation filed.
Nov 20, 2023
Brief amici curiae of National Association of Realtors, et al. filed.
Nov 20, 2023
Brief amicus curiae of Cato Institute filed.
Nov 20, 2023
Brief amici curiae of California Housing Defense Fund, et al. filed.
Nov 20, 2023
Brief amici curiae of Citizen Action Defense Fund, et al. filed.
Nov 20, 2023
Brief amici curiae of Hotel Des Arts, LLC, et al. filed.
Nov 20, 2023
Brief amici curiae of Buckeye Institute, et al. filed.
Nov 20, 2023
Brief amicus curiae of American Planning Association in support of neither party filed.
Nov 21, 2023
Record requested from the Court of Appeal of California, Third Appellate District.
Nov 21, 2023
Brief amici curiae of Charles Gardner, et al. filed.
Nov 29, 2023
Record received from the Court of Appeal of California, Third Appellate District. The record is electronic and is available with the Clerk.
Nov 30, 2023
CIRCULATED
Dec 13, 2023
Brief of respondent County of El Dorado, California filed. (Distributed)
Dec 15, 2023
Brief amici curiae of California State Association of Counties, et al. filed. (Distributed)
Dec 19, 2023
Brief amici curiae of City And County Of San Francisco, et al. filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of United States filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Dec 20, 2023
Brief amici curiae of National Association of Clean Water Agencies, et al. filed. (Distributed)
Dec 20, 2023
Brief amici curiae of California, et al. filed. (Distributed)
Dec 20, 2023
Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. (Distributed)
Dec 20, 2023
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 29, 2023
Reply of petitioner George Sheetz filed. (Distributed)
Jan 5, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 9, 2024
Argued. For petitioner: Paul J. Beard, II, Los Angeles, Cal. For respondent: Aileen M. McGrath, San Francisco, Cal.; and Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Apr 12, 2024
Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Jackson, J., joined. Gorsuch, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion, in which Kagan and Jackson, JJ., joined.
May 14, 2024
Judgment and Mandate Issued.

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