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74 Pinehurst LLC v. New York

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Petition for certiorari denied on February 20, 2024
Docket No. Op. Below Argument Opinion Vote Author Term
22-1130 2nd Cir. N/A N/A N/A N/A OT 2023

Issues: (1) Whether a law that prohibits owners from terminating a tenancy at the end of a fixed lease term, except on grounds outside the owner’s control, constitutes a physical taking; and (2) whether allegations that such a law conscripts private property for use as public housing stock, and thereby substantially reduces its value, state a regulatory takings claim.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 28 2023Application (22A955) to extend the time to file a petition for a writ of certiorari from May 7, 2023 to June 7, 2023, submitted to Justice Sotomayor.
May 03 2023Application (22A955) granted by Justice Sotomayor extending the time to file until June 7, 2023.
May 17 2023Petition for a writ of certiorari filed. (Response due June 20, 2023)
Jun 05 2023Motion to extend the time to file a response from June 20, 2023 to August 21, 2023, submitted to The Clerk.
Jun 06 2023Brief amici curiae of California Apartment Association, et al. filed.
Jun 07 2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023, for all respondents.
Jun 09 2023Amicus brief of National Apartment Association, et al. (corrected efiling to be submitted). (June 09, 2023)
Jun 09 2023Brief amici curiae of National Apartment Association, et al. filed. VIDED.
Jun 09 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
Jun 13 2023Brief amicus curiae of Alexander Gallo filed. (also in 22-1095, 22-1170) VIDED.
Jun 19 2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
Jun 20 2023Brief amicus curiae of New York Association of Realtors®, Inc. filed.
Jun 20 2023Brief amici curiae of Cato Institute, et al. filed.
Jun 20 2023Amicus brief of Liberty Justice Center not accepted for filing. Corrected version submitted (June 22, 2023)
Jun 20 2023Brief amici curiae of Liberty Justice Center, et al. filed.
Jun 20 2023Brief amici curiae of Professor Richard A. Epstein, et al. filed.
Aug 21 2023Brief of State Respondents in opposition filed.
Aug 21 2023Brief of respondents City of New York, et al. in opposition filed.
Aug 21 2023Brief of respondents N.Y. Tenants and Neighbors, Community Voices Heard, and the Coalition for the Homeless in opposition filed.
Aug 23 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Aug 29 2023Reply of petitioners 74 Pinehurst LLC, et al. filed. (Distributed)
Aug 30 2023DISTRIBUTED for Conference of 9/26/2023.
Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
Oct 23 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 27 2023DISTRIBUTED for Conference of 12/1/2023.
Dec 01 2023Rescheduled.
Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
Jan 02 2024DISTRIBUTED for Conference of 1/5/2024.
Jan 08 2024DISTRIBUTED for Conference of 1/12/2024.
Jan 16 2024DISTRIBUTED for Conference of 1/19/2024.
Feb 09 2024DISTRIBUTED for Conference of 2/16/2024.
Feb 20 2024Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari. (Detached Opinion)