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United States v. Lost Tree Village Corp.

Certiorari Denied

Petition for certiorari denied on June 27, 2017.

Docket No.15-1192
Op. BelowFed. Cir.

Issue

(1) Whether, in determining the "parcel whole" for purposes of regulatory-takings analysis under the Just Compensation Clause, the court of appeals erred by severing regulated wetlands from unregulated, contiguous uplands under common ownership solely because respondent had no expectation of developing those wetlands at the time it developed the rest of the residential community; and (2) whether the court of appeals erred in holding that the absence of reasonable, investment-backed expectations could not be considered in determining whether the denial of the permit resulted in a categorical regulatory taking of the residual wetlands tract under Lucas v. South Carolina Coastal Council.

Proceedings & orders timeline

Jan 15, 2016
Application (15A746) to extend the time to file a petition for a writ of certiorari from January 28, 2016 to February 29, 2016, submitted to The Chief Justice.
Jan 19, 2016
Application (15A746) granted by The Chief Justice extending the time to file until February 29, 2016.
Feb 16, 2016
Application (15A746) to extend further the time from February 29, 2016 to March 28, 2016, submitted to The Chief Justice.
Feb 17, 2016
Application (15A746) granted by The Chief Justice extending the time to file until March 28, 2016.
Mar 22, 2016
Petition for a writ of certiorari filed. (Response due April 22, 2016)
Apr 19, 2016
Order extending time to file response to petition to and including May 3, 2016.
May 3, 2016
Brief of respondent Lost Tree Village Corporation in opposition filed.
May 17, 2016
DISTRIBUTED for Conference of June 2, 2016.
May 17, 2016
Reply of petitioner United States filed. (Distributed)
Jun 26, 2017
DISTRIBUTED for Conference of June 26, 2017.
Jun 27, 2017
Petition DENIED.

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