Supreme Court of the United States · Official docket →
Love Terminal Partners, L.P., et al. v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2016-2276 · judgment May 7, 2018
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Federal Circuit decision below.
Question presented
In 1999, petitioners paid millions of dollars to acquire the lease to property designated for aviation use at Dallas Love Field Airport. The next year, they spent another $17 million constructing a state-of-theart terminal, and a few years later they expanded their investment by another $6.5 million. At the time, federal law limited flights for aircraft with over 56 seats from Love Field to destinations in Texas and neighboring states. Petitioners believed that their property was valuable even with those restrictions, especially given the fact that a new generation of regional jets carrying 56 passengers or fewer could service destinations from Dallas to either coast. But they and the market also anticipated that the restrictions would not last, as Congress had already relaxed them once. Petitioners and the market were proven prescient when, in 2006, Congress further eased the restrictions. But rather than enjoy the fruits of their investment, petitioners saw its value wiped out, as the federal law that lifted flight restrictions did so at petitioners’ expense, mandating that petitioners’ terminal be demolished and “never again be used for passenger service.” The Court of Federal Claims found a taking and ordered $133.5 million in just compensation. But the Federal Circuit reversed, holding that the federal government’s taking of property in which petitioners had invested tens of millions of dollars had no economic impact at all. The questions presented are: 1. In assessing whether the government has effected a compensable taking, may courts treat real
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Jun 24 2019Petition DENIED.
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- Jun 04 2019Reply of petitioners Love Terminal Partners, L.P., et al. filed. (Distributed)
- May 15 2019Brief of respondent United States in opposition filed.
- Apr 12 2019Motion to extend the time to file a response from April 15, 2019 to May 15, 2019, submitted to The Clerk.
- Apr 12 2019Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
- Mar 15 2019Brief amici curiae of States of Texas, et al. filed.
- Mar 15 2019Brief amici curiae of NFIB Small Business Legal Center, et al. filed.
- Mar 15 2019Brief amicus curiae of JetBlue Airways Corporation filed.
- Mar 15 2019Brief amicus curiae of Washington Legal Foundation filed.
- Mar 15 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Mar 15 2019Brief amicus curiae of Institute for Justice filed.
- Mar 15 2019Brief amicus curiae of Pacific Legal Foundation filed.
- Mar 14 2019Brief amicus curiae of Mountain States Legal Foundation filed.
- Mar 07 2019Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
- Mar 06 2019Motion to extend the time to file a response from March 15, 2019 to April 15, 2019, submitted to The Clerk.
- Feb 21 2019Blanket Consent filed by Petitioners, Love Terminal Partners, L.P., et al.
- Feb 11 2019Petition for a writ of certiorari filed. (Response due March 15, 2019)
- Dec 17 2018Application (18A460) granted by The Chief Justice extending the time to file until February 9, 2019.
- Dec 13 2018Application (18A460) to extend further the time from January 10, 2019 to February 9, 2019, submitted to The Chief Justice.
- Nov 01 2018Application (18A460) granted by The Chief Justice extending the time to file until January 10, 2019.
- Oct 30 2018Application (18A460) to extend the time to file a petition for a writ of certiorari from December 11, 2018 to January 10, 2019, submitted to The Chief Justice.