Supreme Court Report

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Pacetta, LLC, et al. v. Town of Ponce Inlet, Florida

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D14-4520 · judgment June 16, 2017

Certiorari denied · October 1, 2018
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a business petitioner, and down for a state or local-government respondent.

Questions presented

  1. Is a regulatory takings claim ripe for review when the local government has made clear how it would apply land use regulations to the property at issue, or must a property owner submit multiple applications even when those applications are not necessary to prove that the local government would reject all economically viable development applications?

  2. Does government effect a taking when it intentionally devalues private property because it plans to later purchase the property at a discount?

Counsel of record

For petitioner
Christina Marie Martin
Christina M. Martin

For respondent
Elliot H. Scherker
Greenberg Traurig, P.A.

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
17A996

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Motion for leave to file amici brief filed by Cato Institute, et. al. GRANTED.
  2. Oct 01 2018
    Petition DENIED.
  3. Aug 08 2018
    DISTRIBUTED for Conference of 9/24/2018.
  4. Aug 03 2018
    Reply of Pacetta, LLC, et al. not accepted for filing. (August 07, 2018)(Electronic Version to be Resubmitted)
  5. Aug 03 2018
    Reply of petitioners Pacetta, LLC, et al. filed.
  6. Jul 25 2018
    Motion for leave to file amici brief filed by Cato Institute, et al.
  7. Jul 24 2018
    Response to petition from respondent Town of Ponce Inlet filed.
  8. Jun 21 2018
    Petition for a writ of certiorari filed. (Response due July 25, 2018)
  9. Mar 20 2018
    Application (17A996) granted by Justice Thomas extending the time to file until June 21, 2018.
  10. Mar 14 2018
    Application (17A996) to extend the time to file a petition for a writ of certiorari from April 23, 2018 to June 21, 2018, submitted to Justice Thomas.
    Main Document