Murr v. Wisconsin
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-214 | Wis. Ct. App. | Mar 20, 2017 | Jun 23, 2017 | 5-3 | Kennedy | OT 2016 |
Holding: The Court of Appeals of Wisconsin was correct to analyze the lot owners' property as a single unit in assessing the effect of the challenged governmental action.
Judgment: Affirmed, 5-3, in an opinion by Justice Kennedy on June 23, 2017. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: In regulatory takings case, court announces a new test (Miriam Seifter, June 23, 2017)
- A "view" from the courtroom: The metes and bounds of the term (Mark Walsh, June 23, 2017)
- And then there were nine – the remaining decisions (Amy Howe, June 22, 2017)
- Argument analysis: Justices search for a common denominator in takings case (Miriam Seifter, March 21, 2017)
- Argument preview: Defining the denominator in regulatory takings law (Miriam Seifter, March 14, 2017)
- Justices release March calendar (Amy Howe, February 3, 2017)
| Date | Proceedings and Orders |
|---|---|
| Jun 26 2015 | Application (15A6) to extend the time to file a petition for a writ of certiorari from July 15, 2015 to August 14, 2015, submitted to Justice Kagan. |
| Jun 30 2015 | Application (15A6) granted by Justice Kagan extending the time to file until August 14, 2015. |
| Aug 14 2015 | Petition for a writ of certiorari filed. (Response due September 17, 2015) |
| Sep 04 2015 | Waiver of right of respondent Wisconsin to respond filed. |
| Sep 09 2015 | Order extending time to file response to petition to and including October 16, 2015, for all respondents. |
| Sep 17 2015 | Brief amici curiae of California Cattlemen's Association, et al. filed. |
| Oct 16 2015 | Brief of respondent St. Croix County, Wisconsin in opposition filed. |
| Oct 29 2015 | Reply of petitioners Joseph P. Murr, et al. filed. |
| Nov 04 2015 | DISTRIBUTED for Conference of November 24, 2015. |
| Nov 30 2015 | DISTRIBUTED for Conference of December 4, 2015. |
| Dec 07 2015 | DISTRIBUTED for Conference of December 11, 2015. |
| Dec 28 2015 | DISTRIBUTED for Conference of January 8, 2016. |
| Jan 11 2016 | DISTRIBUTED for Conference of January 15, 2016. |
| Jan 15 2016 | Petition GRANTED. |
| Feb 09 2016 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 11, 2016. |
| Feb 09 2016 | The time to file respondents' briefs on the merits is extended to and including June 10, 2016. |
| Mar 21 2016 | Consent to the filing of timely amicus curiae briefs in support of either party or of neither party received from counsel for respondent St. Croix County. |
| Mar 22 2016 | Consent to the filing of timely amicus curiae briefs in support of either party or of neither party received from counsel for respondent Wisconsin. |
| Apr 06 2016 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| Apr 11 2016 | Joint appendix filed. (Statement of costs filed) |
| Apr 11 2016 | Brief of petitioners Joseph P. Murr, et al. filed. |
| Apr 15 2016 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| Apr 18 2016 | Brief amicus curiae of Wisconsin Realtors Association filed. |
| Apr 18 2016 | Brief amici curiae of Southeastern Legal Foundation, and the Beacon Center filed. |
| Apr 18 2016 | Brief amici curiae of California Cattlemen's Association, et al. filed. |
| Apr 18 2016 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| Apr 18 2016 | Brief amicus curiae of New England Legal Foundation filed. |
| Apr 18 2016 | Brief amicus curiae of Reason Foundation filed. |
| Apr 18 2016 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Apr 18 2016 | Brief amici curiae of Cato Institute, and Owners' Counsel of America filed. |
| Apr 18 2016 | Brief amicus curiae of Mountain States Legal Foundation filed. |
| Apr 18 2016 | Brief amici curiae of Nevada, et al. filed. |
| Jun 10 2016 | Brief of respondent Wisconsin filed. |
| Jun 10 2016 | Brief of respondent St. Croix County filed. |
| Jun 14 2016 | Brief amici curiae of Property Law Professors filed. |
| Jun 14 2016 | Application (15A1265) to extend the time to file a reply brief from July 11, 2016 to July 29, 2016, submitted to Justice Kagan. |
| Jun 16 2016 | Brief amici curiae of Carlisle Ford Runge, et al. filed. |
| Jun 16 2016 | Brief amici curiae of American Planning Association, and Wisconsin Chapter of the American Planning Association filed. |
| Jun 16 2016 | Motion for divided argument filed by respondent St. Croix County. |
| Jun 16 2016 | Motion for divided argument filed by respondent Wisconsin. |
| Jun 17 2016 | Brief amici curiae of National Association of Counties, et al. filed. |
| Jun 17 2016 | Brief amicus curiae of United States filed. |
| Jun 17 2016 | Brief amicus curiae of National Trust for Historic Preservation filed. |
| Jun 17 2016 | Brief amici curiae of California, et al. filed. |
| Jun 17 2016 | Brief amici curiae of Walter F. Mondale, et al. |
| Jun 17 2016 | Brief amici curiae of The Wisconsin Counties Association, et al. filed. |
| Jun 17 2016 | Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed. |
| Jun 20 2016 | Application (15A1265) granted by Justice Kagan extending the time to file petitioners' reply brief on the merits until July 29, 2016. |
| Jul 27 2016 | Reply of petitioners Joseph P. Murr, et al. filed. |
| Oct 03 2016 | Motion for divided argument filed by respondent St. Croix County GRANTED. |
| Oct 03 2016 | Motion for divided argument filed by respondent Wisconsin GRANTED. |
| Oct 03 2016 | Motion of the Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. and the time is divided as follows: 35 minutes for petitioners, 15 minutes for respondent Wisconsin, 10 minutes for respondent St. Croix County, and 10 minutes for the Solicitor General. |
| Jan 20 2017 | Motion of Nevada, et al. out of time for leave to participate in oral argument as amici curiae and for divided argument filed. |
| Feb 03 2017 | SET FOR ARGUMENT on Monday, March 20, 2017 |
| Feb 03 2017 | Record requested from the Court of Appeals of Wisconsin, District III. |
| Feb 09 2017 | CIRCULATED. |
| Feb 21 2017 | Motion of Nevada, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. |
| Feb 22 2017 | Record received from the St. Croix County Circuit Court, Wisconsin (1 box). |
| Mar 20 2017 | Argued. For petitioners: John M. Groen, Sacramento, Cal. For respondent Wisconsin: Misha Tseytlin, Solicitor General, Madison, Wisconsin. For respondent St. Croix County: Richard J. Lazarus, Cambridge, Mass. For United States, as amicus curiae, in support of respondents: Elizabeth B. Prelogar, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Apr 14 2017 | Record received from the Court of Appeals of Wisconsin, District III. The record is electronic. |
| Jun 23 2017 | Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of this case. |
| Jul 25 2017 | MANDATE ISSUED. |
| Jul 25 2017 | JUDGMENT ISSUED. |
| Aug 28 2017 | Record from St. Croix County has been returned. |
