Arrigoni Enterprises, LLC v. Durham
Petition for certiorari denied on April 25, 2016
Issue: (1) Whether the Court should reconsider, and then overrule or modify, the portion of Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City barring property owners from filing a federal takings claim in federal court until they exhaust state court remedies, when this rule results in numerous jurisdictional “anomalies” and has a “dramatic” negative impact on takings law under San Remo Hotel, L.P. v. City and County of San Francisco; and (2) whether, alternatively, federal courts can and should waive Williamson County’s state litigation requirement for prudential reasons when a federal takings claim is factually concrete without state procedures, as some circuit courts hold, or apply the requirement as a rigid jurisdictional barrier, as other circuits hold.
Date | Proceedings and Orders (key to color coding) |
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Nov 10 2015 | Petition for a writ of certiorari filed. (Response due December 14, 2015) |
Dec 1 2015 | Order extending time to file response to petition to and including January 13, 2016. |
Dec 2 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner |
Dec 11 2015 | Motion for leave to file amicus brief filed by Cato Institute. |
Dec 14 2015 | Brief amicus curiae of Center for Constitutional Jurisprudence filed. |
Dec 14 2015 | Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. |
Dec 14 2015 | Motion for leave to file amicus brief filed by Institute for Justice. |
Jan 13 2016 | Brief of respondents Town of Durham, Connecticut, et al. in opposition filed. |
Jan 20 2016 | Reply of petitioner Arrigoni Enterprises, LLC filed. |
Jan 27 2016 | DISTRIBUTED for Conference of February 19, 2016. |
Feb 24 2016 | Rescheduled. |
Feb 29 2016 | DISTRIBUTED for Conference of March 4, 2016. |
Mar 2 2016 | Rescheduled. |
Mar 14 2016 | DISTRIBUTED for Conference of March 18, 2016. |
Mar 17 2016 | Rescheduled. |
Mar 21 2016 | DISTRIBUTED for Conference of March 25, 2016. |
Mar 23 2016 | Rescheduled. |
Mar 28 2016 | DISTRIBUTED for Conference of April 1, 2016. |
Apr 11 2016 | DISTRIBUTED for Conference of April 15, 2016. |
Apr 18 2016 | DISTRIBUTED for Conference of April 22, 2016. |
Apr 25 2016 | Motion for leave to file amicus brief filed by Cato Institute GRANTED. |
Apr 25 2016 | Motion for leave to file amici brief filed by National Federation of Independent Business Small Business Legal Center, et al. GRANTED. |
Apr 25 2016 | Motion for leave to file amicus brief filed by Institute for Justice GRANTED. |
Apr 25 2016 | Petition DENIED Justice Thomas, with whom Justice Kennedy joins, dissenting from the denial of certiorari. (Detached Opinion) |