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Tyler v. Hennepin County, Minnesota

Docket No.22-166
Op. Below8th Cir.
ArgumentApr 26, 2023

Holding

Geraldine Tyler plausibly alleges that Hennepin County unconstitutionally retained the excess value of her home above her tax debt in violation of the takings clause.

Judgment

Reversed, 9-0, in an opinion by John Roberts on May 25, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined.

Proceedings & orders timeline

May 9, 2022
Application (21A712) to extend the time to file a petition for a writ of certiorari from June 22, 2022 to August 10, 2022, submitted to Justice Kavanaugh.
May 13, 2022
Application (21A712) granted by Justice Kavanaugh extending the time to file until August 10, 2022.
Jul 25, 2022
Application (21A712) to extend further the time from August 10, 2022 to August 19, 2022, submitted to Justice Kavanaugh.
Jul 28, 2022
Application (21A712) granted by Justice Kavanaugh extending the time to file until August 19, 2022.
Aug 19, 2022
Petition for a writ of certiorari filed. (Response due September 22, 2022)
Sep 9, 2022
Waiver of right of respondent Hennepin County, et al. to respond filed.
Sep 9, 2022
Blanket Consent filed by Petitioner, Geraldine Tyler
Sep 14, 2022
DISTRIBUTED for Conference of 10/7/2022.
Sep 16, 2022
Brief amicus curiae of National Taxpayers Union Foundation filed. (Distributed)
Sep 20, 2022
Response Requested. (Due October 20, 2022)
Sep 20, 2022
Brief amici curiae of David C. Wilkes, et al. filed.
Sep 21, 2022
Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
Sep 21, 2022
Brief amicus curiae of Wisconsin Realtors Association filed.
Sep 22, 2022
Motion to extend the time to file a response from October 20, 2022 to December 19, 2022, submitted to The Clerk.
Sep 22, 2022
Brief amici curiae of AARP and AARP Foundation filed.
Sep 22, 2022
Brief amicus curiae of PioneerLegal, LLC filed.
Sep 22, 2022
Brief amici curiae of Buckeye Institute and the Competitive Enterprise Institute filed.
Sep 23, 2022
Motion to extend the time to file a response is granted in part and the time is extended to and including December 5, 2022.
Oct 20, 2022
Brief amicus curiae of Cato Institute filed.
Dec 5, 2022
Brief of Hennepin County, et al. in opposition not accepted for filing. (December 06, 2022)
Dec 5, 2022
Brief of respondents Hennepin County, et al. in opposition filed.
Dec 19, 2022
Reply of petitioner Geraldine Tyler filed. (Distributed)
Dec 21, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 9, 2023
DISTRIBUTED for Conference of 1/13/2023.
Jan 13, 2023
Petition GRANTED.
Jan 31, 2023
SET FOR ARGUMENT on Wednesday, April 26, 2023.
Feb 8, 2023
Record requested from the U.S.C.A.-8th Circuit.
Feb 21, 2023
Record received from the U.S.C.A.-8th Circuit (1 box). Record request also forwarded to District Court.
Feb 22, 2023
Rule 35.3 letter re substitution of party filed by respondents.
Feb 27, 2023
Brief of petitioner Geraldine Tyler filed.
Feb 27, 2023
Joint appendix filed. (Statement of costs filed)
Mar 1, 2023
Brief amicus curiae of Ralph D. Clifford filed.
Mar 2, 2023
Brief amici curiae of Cato Institute, et al. filed.
Mar 2, 2023
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Mar 2, 2023
Brief amicus curiae of Liberty Justice Center filed.
Mar 2, 2023
Brief amicus curiae of Wisconsin Realtors Association filed.
Mar 3, 2023
Brief amici curiae of David C. Wilkes, et al. filed.
Mar 3, 2023
Brief amicus curiae of Howard Jarvis Taxpayers Association filed.
Mar 3, 2023
Brief amicus curiae of Atlantic Legal Foundation filed.
Mar 6, 2023
Brief amici curiae of National Taxpayers Union Foundation, et al. filed.
Mar 6, 2023
Brief amici curiae of National Association of Realtors, Minnesota Realtors, and American Property Owners Alliance filed.
Mar 6, 2023
Brief amici curiae of U.S. Representatives Tom Emmer, Pete Stauber, Michelle Fischbach, and Brad Finstad filed.
Mar 6, 2023
Brief amicus curiae of Monica Toth filed.
Mar 6, 2023
Brief amicus curiae of New England Legal Foundation filed.
Mar 6, 2023
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Mar 6, 2023
Brief amicus curiae of Constitutional Accountability Center filed.
Mar 6, 2023
Brief amicus curiae of Professor Beth A. Colgan filed.
Mar 6, 2023
Brief amicus curiae of PioneerLegal, LLC filed.
Mar 6, 2023
Brief amicus curiae of Americans for Prosperity Foundation filed.
Mar 6, 2023
Brief amicus curiae of United States supporting neither party filed.
Mar 6, 2023
Brief amicus curiae of Francis J. Coffey, as Personal Representative of the Estates of Leona M. Warsowick, et al. filed.
Mar 6, 2023
Brief amici curiae of AARP, AARP Foundation, and National Consumer Law Center filed.
Mar 6, 2023
Brief amici curiae of States of Utah, Arkansas, Kansas, Kentucky, Louisiana, North Dakota, Texas, and West Virginia filed.
Mar 6, 2023
Brief amici curiae of New Disabled South and Emory Law School Disabled Law Students Association filed.
Mar 6, 2023
Brief amicus curiae of Public Citizen filed.
Mar 6, 2023
Brief amici curiae of Buckeye Institute, et al. filed.
Mar 6, 2023
Brief amicus curiae of National Legal Aid & Defender Association filed.
Mar 10, 2023
The record for the U.S.D.C.-District of Minnesota is available on PACER.
Mar 24, 2023
CIRCULATED
Mar 29, 2023
Brief of respondents Hennepin County, et al. filed. (Distributed)
Mar 29, 2023
Lodging proposal of amici curiae Minnesota, et al. filed. (Distributed)
Mar 30, 2023
Letter of petitioner in opposition to lodging proposal of Minnesota, et al. filed. (Distributed)
Mar 31, 2023
Brief amici curiae of National Tax Lien Association, the Arizona County Treasurers Association, and the Tax Collectors & Treasurers Association of New Jersey filed. (Distributed)
Mar 31, 2023
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 31, 2023
Response of respondent in support of proposed lodging of Minnesota, et al. filed. (Distributed)
Apr 4, 2023
Brief amici curiae of Minnesota, et al. filed. (Distributed)
Apr 4, 2023
Brief amicus curiae of James J. Kelly filed. (Distributed)
Apr 4, 2023
Brief amicus curiae of Frank S. Alexander filed. (Distributed)
Apr 5, 2023
Brief amicus curiae of Wisconsin Counties Association filed. (Distributed)
Apr 5, 2023
Brief amicus curiae of Oakland County filed. (Distributed)
Apr 5, 2023
Brief amici curiae of County Treasurers Association of Ohio, et al. filed. (Distributed)
Apr 5, 2023
Brief amici curiae of Local Government Legal Center, National Association of Counties, National League of Cities, International Municipal Lawyers Association, and Government Finance Officers Association filed. (Distributed)
Apr 5, 2023
Brief amici curiae of Michigan Association of Counties, et al. filed. (Distributed)
Apr 5, 2023
Brief amici curiae of Association of Minnesota Counties, et al. filed. (Distributed)
Apr 12, 2023
Reply of petitioner Geraldine Tyler filed. (Distributed)
Apr 14, 2023
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED IN PART, a total of 65 minutes is allotted, and the time is divided as follows: 25 minutes for petitioner, 10 minutes for the Solicitor General, and 30 minutes for respondents.
Apr 26, 2023
Argued. For petitioner: Christina M. Martin, Palm Beach Gardens, Fla. For United States, as amicus curiae: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Neal K. Katyal, Washington, D. C
May 25, 2023
Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined.
Jun 14, 2023
Record returned to the U.S.C.A.-8th Circuit (1 box).
Jun 26, 2023
Judgment issued.

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