Smyth v. Conservation Commission of Falmouth
Petition for certiorari denied on December 16, 2019
Issues: (1) Whether the loss of all developmental use of
property and a 91.5 percent decline in its value is a sufficient
“economic impact” to support a regulatory takings
claim under Penn Central Transportation Co. v. New York City;
(2) whether a person who acquires land in a
developed area, prior to regulation, has a legitimate
“expectation” of building and, if so, whether that interest can be defeated by a lack of investment in
construction; and (3) whether the Supreme Court should excise the
“character” factor from Penn Central regulatory
takings analysis.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Jul 22 2019 | Application (19A88) to extend the time to file a petition for a writ of certiorari from August 7, 2019 to August 21, 2019, submitted to Justice Breyer. |
| Jul 25 2019 | Application (19A88) granted by Justice Breyer extending the time to file until August 21, 2019. |
| Aug 16 2019 | Petition for a writ of certiorari filed. (Response due September 19, 2019) |
| Sep 06 2019 | Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk. |
| Sep 09 2019 | Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019. |
| Sep 09 2019 | Blanket Consent filed by Petitioner, Janice Smyth. |
| Sep 17 2019 | Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. |
| Sep 18 2019 | Brief amici curiae of Mountain States Legal Foundation and Cato Institute filed. |
| Sep 19 2019 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
| Sep 19 2019 | Blanket Consent filed by Respondent, Conservation Commission of Falmouth and Town of Falmouth. |
| Oct 21 2019 | Brief of respondents Conservation Commission of Falmouth and Town of Falmouth in opposition filed. |
| Oct 31 2019 | Reply of petitioner Janice Smyth filed. |
| Nov 06 2019 | DISTRIBUTED for Conference of 11/22/2019. |
| Dec 02 2019 | DISTRIBUTED for Conference of 12/6/2019. |
| Dec 09 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 16 2019 | Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. GRANTED. |
| Dec 16 2019 | Petition DENIED. |
