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Rose Mary Knick v. Township of Scott, Pennsylvania, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-3587 · judgment July 6, 2017

Decided · June 21, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985), requiring property owners to exhaust state court remedies to ripen federal takings claims, as suggested by Justices of this Court? See Arrigoni Enterprises, LLC V. Town of Durham, 136 S. Ct. 1409 (2016) (Thomas, J., joined by Kennedy, J., dissenting from denial of certiorari); San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323, 348 (2005) (Rehnquist, C.J., joined by O'Connor, Kennedy, and Thomas, JJ., concurring in judgment). Alternately, whether Williamson County's ripeness doctrine bars review of takings claims asserting that a law causes an unconstitutional taking on its face as the Sixth, Ninth, Tenth and now Third Circuits hold, or whether facial claims are exempt from Williamson County, as the First, Fourth, and Seventh Circuits hold? GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. ORDER OF 11/2/2018: CASE IS RESTORED TO THE CALENDAR FOR REARGUMENT. THE PARTIES AND THE SOLICITOR GENERAL ARE DIRECTED TO FILE LETTER BRIEFS . . . ADDRESSING PETITIONER'S ALTERNATIVE ARGUMENT FOR VACATUR . . .

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Teresa Ficken Sachs
Marshall Dennehey Warner Coleman & Goggin

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage · 22 merits
(18 supporting pet./neither, 4 respondent)

Argument & decision

Argued October 3, 2018 — J. David Breemer · Teresa Ficken Sachs. Audio and transcript

Decided June 21, 2019. Opinion by Roberts, C.J..

Proceedings

  1. Jul 23 2019
    JUDGMENT ISSUED.
  2. Jun 21 2019
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Kagan, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.
  3. Jan 18 2019
    Letter in reply regarding supplemental authority filed by petitioner. (Distributed)
  4. Jan 16 2019
    Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa.
  5. Jan 14 2019
    Letter of respondents in response to petitioner's letter citing supplemental authority filed. (Distributed)
  6. Jan 11 2019
    Letter of petitioner citing new authority not accepted for filing. (Duplicate submission).
  7. Jan 11 2019
    Letter of petitioner citing supplemental authority filed. (Distributed)
  8. Dec 21 2018
    Supplemental reply letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)
  9. Dec 21 2018
    Supplemental reply letter brief of United States as amicus curiae filed. (Distributed)
  10. Dec 11 2018
    Record requested from the U.S.C.A. 3rd Circuit.
  11. Dec 06 2018
    Supplemental reply letter brief of petitioner Rose Mary Knick filed. (Distributed)
  12. Nov 30 2018
    CIRCULATED
  13. Nov 30 2018
    Supplemental letter brief of petitioner Rose Mary Knick filed. (Distributed)
  14. Nov 30 2018
    Supplemental letter brief of respondents Township of Scott, Pennsylvania, et al. filed. (Distributed)
  15. Nov 30 2018
    Supplemental letter brief of United States as amicus curiae filed. (Distributed)
  16. Nov 28 2018
    SET FOR REARGUMENT ON Wednesday, January 16, 2019
  17. Nov 02 2018
    This case is restored to the calendar for reargument. The parties and the Solicitor General are directed to file letter briefs, not to exceed 10 pages, addressing petitioner's alternative argument for vacatur, discussed at pages 12-15 and 40-42 of the transcript of oral argument and in footnote 14 of petitioner's brief on the merits. The briefs are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, November 30, 2018. Reply briefs, not to exceed 4 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 21, 2018.
  18. Oct 03 2018
    Argued. For petitioner: J. David Breemer, Sacramento, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Teresa Ficken Sachs, Philadelphia, Pa.
  19. Sep 24 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  20. Aug 24 2018
    Reply of petitioner Rose Mary Knick filed. (Distributed)
  21. Aug 20 2018
    Record received from both the U.S.C.A. 3rd Circuit, and from the U.S.D.C. Middle District of Pennsylvania (Scranton) is electronic.
  22. Aug 07 2018
    Record requested from the U.S.C.A. 3rd Circuit.
  23. Aug 06 2018
    Brief amici curiae of Takings and Federal Courts Scholars filed. (Distributed)
  24. Aug 06 2018
    Brief amici curiae of States of California, et al. filed. (Distributed)
  25. Aug 06 2018
    Brief amici curiae of National Governors Association, et al. filed. (Distributed)
  26. Aug 03 2018
    CIRCULATED
  27. Aug 02 2018
    Brief amicus curiae of Cemetery Law Scholars filed. (Distributed)
  28. Jul 31 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  29. Jul 30 2018
    Brief of respondent Township of Scott, Pennsylvania filed.
  30. Jul 09 2018
    SET FOR ARGUMENT On Wednesday, October 3, 2018
  31. Jun 05 2018
    Brief amicus curiae of The Becket Fund for Religious Liberty filed.
  32. Jun 05 2018
    Brief amici curiae of The States of Texas and Oklahoma filed.
  33. Jun 05 2018
    Brief amicus curiae of United States filed.
  34. Jun 05 2018
    Brief amici curiae of Citizens' Alliance for Property Rights Legal Fund and Inversecondemnation.com filed.
  35. Jun 05 2018
    Brief amici curiae of Cato Institute, et al. filed.
  36. Jun 05 2018
    Brief amicus curiae of New England Legal Foundation filed.
  37. Jun 05 2018
    Brief amici curiae of San Remo Hotel, L.P., et al. filed.
  38. Jun 05 2018
    Brief amici curiae of AARP and AARP Foundation filed.
  39. Jun 05 2018
    Brief amici curiae of Congressmen King, et al. filed.
  40. Jun 05 2018
    Brief amicus curiae of National Association of Home Builders filed.
  41. Jun 04 2018
    Brief amicus curiae of Ohio Farm Bureau Federation filed.
  42. Jun 04 2018
    Brief amicus curiae of Institute for Justice filed.
  43. Jun 04 2018
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  44. Jun 04 2018
    Brief amicus curiae of Justice and Freedom Fund filed.
  45. Jun 01 2018
    Brief amici curiae of Washington Legal Foundation, et al filed.
  46. Jun 01 2018
    Brief amici curiae of American Farm Bureau Federation, National Cattlemen's Beef Association and CATL Fund filed.
  47. May 31 2018
    Brief amicus curiae of American Planning Association in support of neither party filed.
  48. May 29 2018
    Brief of petitioner Rose Mary Knick filed.
  49. May 29 2018
    Joint appendix filed (to be reprinted).
  50. May 29 2018
    Joint appendix filed (6/4/18 reprint received). (Statement of costs filed.)
  51. May 21 2018
    Joint motion for a further extension of time granted. The time to file the joint appendix and petitioner's brief on the merits is further extended to and including May 29, 2018. The time to file respondents' brief on the merits is further extended to and including July 30, 2018.
  52. May 17 2018
    Joint motion for a further extension of time filed.
  53. May 11 2018
    Brief amicus curiae of Western Manufactured Housing Communities Association filed.
  54. May 02 2018
    Blanket Consent filed by Respondent, Township of Scott, Pennsylvania
  55. Apr 30 2018
    Blanket Consent filed by Petitioner, Rose Mary Knick
  56. Mar 09 2018
    Joint Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 21, 2018. The time to file respondents' brief on the merits is extended to and including July 20, 2018.
  57. Mar 08 2018
    Joint Motion for an extension of time filed.
  58. Mar 05 2018
    Petition GRANTED limited to Question 1 presented by the petition.
  59. Feb 26 2018
    DISTRIBUTED for Conference of 3/2/2018.
  60. Feb 20 2018
    DISTRIBUTED for Conference of 2/23/2018.
  61. Jan 17 2018
    DISTRIBUTED for Conference of 2/16/2018.
  62. Jan 12 2018
    Reply of petitioner Rose Mary Knick filed. (Distributed)
  63. Jan 03 2018
    Brief of respondent Township of Scott, Pennsylvania in opposition filed.
  64. Dec 04 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2018
  65. Dec 04 2017
    Brief amici curiae of Cato Institute, et al. filed.
  66. Dec 04 2017
    Brief amicus curiae of Institute for Justice filed.
  67. Dec 04 2017
    Brief amicus curiae of National Association of Home Builders filed.
  68. Nov 29 2017
    Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
  69. Nov 29 2017
    Blanket Consent filed by Respondent, Township of Scott, PA.
  70. Nov 13 2017
    Blanket Consent filed by Petitioner, Rose Mary Knick.
  71. Oct 31 2017
    Petition for a writ of certiorari filed. (Response due December 4, 2017)
  72. Sep 11 2017
    Application (17A272) granted by Justice Alito extending the time to file until November 1, 2017.
  73. Sep 07 2017
    Application (17A272) to extend the time to file a petition for a writ of certiorari from October 4, 2017 to November 1, 2017, submitted to Justice Alito.