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74 Pinehurst LLC v. New York

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

Issue: (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.

DateProceedings and Orders (key to color coding)
04/28/2023Application (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.
05/03/2023Application (22A955) granted by Justice Sotomayor extending the time to file until June 7, 2023.
05/17/2023Petition for a writ of certiorari filed. (Response due June 20, 2023)
06/05/2023Motion to extend the time to file a response from June 20, 2023 to August 21, 2023, submitted to The Clerk.
06/06/2023Brief amici curiae of California Apartment Association, et al. filed.
06/07/2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023, for all respondents.
06/09/2023Amicus brief of National Apartment Association, et al. (corrected efiling to be submitted). (June 09, 2023)
06/09/2023Brief amici curiae of National Apartment Association, et al. filed. VIDED.
06/09/2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
06/13/2023Brief amicus curiae of Alexander Gallo filed. (also in 22-1095, 22-1170) VIDED.
06/19/2023Brief amicus curiae of Small Property Owners - NY, Inc. filed.
06/20/2023Brief amicus curiae of New York Association of Realtors®, Inc. filed.
06/20/2023Brief amici curiae of Cato Institute, et al. filed.
06/20/2023Amicus brief of Liberty Justice Center not accepted for filing. Corrected version submitted (June 22, 2023)
06/20/2023Brief amici curiae of Liberty Justice Center, et al. filed.
06/20/2023Brief amici curiae of Professor Richard A. Epstein, et al. filed.
08/21/2023Brief of State Respondents in opposition filed.
08/21/2023Brief of respondents City of New York, et al. in opposition filed.
08/21/2023Brief of respondents N.Y. Tenants and Neighbors, Community Voices Heard, and the Coalition for the Homeless in opposition filed.
08/23/2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
08/29/2023Reply of petitioners 74 Pinehurst LLC, et al. filed. (Distributed)
08/30/2023DISTRIBUTED for Conference of 9/26/2023.
10/02/2023DISTRIBUTED for Conference of 10/6/2023.
10/10/2023DISTRIBUTED for Conference of 10/13/2023.
10/23/2023DISTRIBUTED for Conference of 10/27/2023.
10/30/2023DISTRIBUTED for Conference of 11/3/2023.
11/06/2023DISTRIBUTED for Conference of 11/9/2023.
11/13/2023DISTRIBUTED for Conference of 11/17/2023.
11/27/2023DISTRIBUTED for Conference of 12/1/2023.
12/01/2023Rescheduled.
12/01/2023DISTRIBUTED for Conference of 12/8/2023.
01/02/2024DISTRIBUTED for Conference of 1/5/2024.
01/08/2024DISTRIBUTED for Conference of 1/12/2024.
01/16/2024DISTRIBUTED for Conference of 1/19/2024.
02/09/2024DISTRIBUTED for Conference of 2/16/2024.
02/20/2024Petition DENIED. Statement of Justice Thomas respecting the denial of certiorari. (Detached Opinion)