Devillier v. Texas
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-913 | 5th Cir. | Jan 16, 2024 | Apr 16, 2024 | 9-0 | Thomas | OT 2023 |
Holding: Owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on April 16, 2024.
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| Date | Proceedings and Orders |
|---|---|
| 03/17/2023 | Petition for a writ of certiorari filed. (Response due April 19, 2023) |
| 03/29/2023 | Waiver of right of respondent Texas to respond filed. |
| 03/29/2023 | Supplemental brief of petitioners Richard Devillier, et al. filed. |
| 04/05/2023 | DISTRIBUTED for Conference of 4/21/2023. |
| 04/10/2023 | Response Requested. (Due May 10, 2023) |
| 04/20/2023 | Motion to extend the time to file a response from May 10, 2023 to June 9, 2023, submitted to The Clerk. |
| 04/24/2023 | Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023. |
| 05/10/2023 | Brief amici curiae of Ilya Somin and Cato Institute filed. |
| 05/10/2023 | Brief amicus curiae of Pacific Legal Foundation filed. |
| 06/09/2023 | Brief of respondent Texas in opposition filed. |
| 06/23/2023 | Reply of petitioners Richard Devillier, et al. filed. |
| 06/28/2023 | DISTRIBUTED for Conference of 9/26/2023. |
| 09/29/2023 | Petition GRANTED. |
| 11/13/2023 | Brief of petitioners Richard Devillier, et al. filed. |
| 11/13/2023 | Joint appendix filed. (Statement of costs filed) |
| 11/17/2023 | SET FOR ARGUMENT on Tuesday, January 16, 2024. |
| 11/17/2023 | Brief amici curiae of Ilya Somin, et al. filed. |
| 11/17/2023 | Brief amici curiae of Pacific Legal Foundation, et al. filed. |
| 11/17/2023 | Amicus brief of American Farm Bureau Federation not accepted for filing. (Duplicate submission - November 21, 2023) |
| 11/17/2023 | Brief amicus curiae of American Farm Bureau Federation filed. |
| 11/20/2023 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| 11/20/2023 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 11/20/2023 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 11/20/2023 | Brief amicus curiae of Professor Ernest A. Young filed. |
| 11/20/2023 | Brief amici curiae of National Association of Realtors®, American Property Owners Alliance, and Texas Realtors® filed. |
| 11/20/2023 | Brief amicus curiae of Professor Carlos M. Vázquez filed. |
| 11/20/2023 | Brief amici curiae of Professors James W. Ely, Jr., et al. filed. |
| 11/30/2023 | CIRCULATED |
| 11/30/2023 | Record received from the United States District Court for the Southern District of Texas. The record is electronic and is available with the Clerk. |
| 12/12/2023 | Brief amicus curiae of United States filed. (Distributed) |
| 12/13/2023 | Brief of Texas not accepted for filing. (December 13, 2023 - Corrected electronic documents submitted.) |
| 12/13/2023 | Brief of respondent Texas (DEC. 19, 2023) filed. (Distributed) |
| 12/20/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 12/20/2023 | Brief amici curiae of Minnesota, et al. filed. (Distributed) |
| 01/05/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 01/05/2024 | Reply of petitioners Richard Devillier, et al. filed. (Distributed) |
| 01/16/2024 | Argued. For petitioners: Robert J. McNamara, Arlington, Va. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 04/16/2024 | Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. |
| 05/20/2024 | Judgment Issued. |
| 08/20/2024 | Record returned to the United States Court of Appeals for the Fifth Circuit. |