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Stahl York Ave. Co., LLC v. City of New York, New York, et al.

Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 5441 · judgment May 22, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

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

Question presented

Whether a property owner suing an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts supporting the claim in court, rather than being bound by fact-findings the agency itself made in the very proceeding in which it is alleged to have taken the property without just compensation.

Counsel of record

For petitioner
Alexandra Anastasia Ekaterina Shapiro
Shapiro Arato Bach LLP

For respondent
Aaron M. Bloom
Zachary W. Carter, Corporation Counsel of the City

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
18A842

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 19 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 13 2019
    Brief amicus curiae of Pacific Legal Foundation filed.
  4. Jun 13 2019
    Brief amicus curiae of National Association of Home Builders of the United States filed.
  5. May 31 2019
    Waiver of right of respondents City of New York, et al. to respond filed.
  6. May 10 2019
    Petition for a writ of certiorari filed. (Response due June 13, 2019)
  7. Apr 05 2019
    Application (18A842) granted by Justice Ginsburg extending the time to file until May 10, 2019.
  8. Apr 02 2019
    Application (18A842) to extend further the time from April 12, 2019 to May 10, 2019, submitted to Justice Ginsburg.
  9. Feb 21 2019
    Application (18A842) granted by Justice Ginsburg extending the time to file until April 12, 2019.
  10. Feb 14 2019
    Application (18A842) to extend the time to file a petition for a writ of certiorari from March 13, 2019 to April 12, 2019, submitted to Justice Ginsburg.