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Nicholas Honchariw v. County of Stanislaus, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17256 · judgment March 22, 2018

GVR'd · June 28, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Whether taking and due process claims arising from a subdivision disapproval ripen under Williamson County Regional Planning Commission et al. v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) upon disapproval of an initial application or only upon a final, definitive determination of permitted use of property. Whether the procedure set up by the California Supreme Court requiring that all challenges to a subdivision decision be filed within 90 days and barring - later claims provides an available and adequate state - remedy under Williamson for taking claims which do not ripen until later. 01 JUL

Counsel of record

For petitioner
Nicholas James Honchariw
Attorney-at-Law

For respondent
Matthew D. Zinn
Shute, Mihaly & Weinberger LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jul 30 2019
    JUDGMENT ISSUED.
  2. Jun 28 2019
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Knick v. Township of Scott, 588 U. S. ___ (2019).
  3. Jun 26 2019
    DISTRIBUTED for Conference of 6/27/2019.
  4. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  5. Nov 29 2018
    Reply of Nicholas Honchariw not accepted for filing. (December 03, 2018) (Corrected version submitted December 3, 2018)
  6. Nov 29 2018
    Reply of petitioner Nicholas Honchariw filed. (12/3/2018)
  7. Nov 16 2018
    Brief of respondents County of Stanislaus, CA, et al. in opposition filed.
  8. Oct 18 2018
    Response Requested. (Due November 19, 2018)
  9. Oct 10 2018
    DISTRIBUTED for Conference of 10/26/2018.
  10. Oct 01 2018
    Waiver of right of respondents County of Stanislaus, CA, et al. to respond filed.
  11. Jul 26 2018
    Petition for a writ of certiorari filed. (Response due October 9, 2018)