Supreme Court of the United States · Official docket →
Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al.
Paid petition · Supreme Court of Hawaii, No. SCAP-15-0000599 · judgment April 13, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 2000, Douglas Leone and Patricia Perkins-Leone bought beachfront property in Hawaii on which they planned to build a home for their family. The land was zoned for single-family residences, but Maui County decided it should be used as a public park. Instead of buying the land, however, the County wielded its regulatory authority to block the Leones from developing their property in any way. The Leones challenged the County’s refusal to allow them to use or develop their property as a taking under the Fifth and Fourteenth Amendments and sought just compensation. In particular, the Leones claimed they had suffered a “categorical” regulatory taking because the County had forced them to keep their land “substantially in its natural state.” Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1018 (1992). The Hawaii Supreme Court disagreed. It held that, for two reasons, the Leones had not been denied “all economically beneficial or productive use of land.” Id. at 1015. First, the undeveloped property still had “investment use” because the Leones could sell it. Second, the undeveloped property could be used as a beach park at which the Leones potentially could sell concessions. The question presented is: W hether holding undeveloped property as an “investment” or using it as a “park” in its natural state constitutes economically beneficial or productive use of land under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
Counsel of record
For petitioner
William Spencer Consovoy
Consovoy McCarthy PLLC
For respondent
Brian Anthony Bilberry
Department of Corporation Counsel, County of Maui
Proceedings
- Jan 14 2019Petition DENIED.
- Dec 26 2018DISTRIBUTED for Conference of 1/11/2019.
- Dec 26 2018Reply of petitioners Douglas Leone, et al. filed. (Distributed)
- Dec 12 2018Brief of respondents County of Maui, Hawaii, et al. in opposition filed.
- Nov 09 2018Motion to extend the time to file a response is granted in part and the time is further extended to and including December 12, 2018.
- Nov 07 2018Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
- Oct 15 2018Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Oct 15 2018Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Oct 12 2018Brief amici curiae of Pacific Legal Foundation, et al. filed.
- Oct 09 2018Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2018.
- Oct 01 2018Notice of Appearance of Counsel of County of Maui, Hawaii, et al. not accepted for filing. (October 09, 2018 - Document not of the type that is to be filed electronically)
- Oct 01 2018Motion to extend the time to file a response from October 15, 2018 to November 14, 2018, submitted to The Clerk.
- Sep 10 2018Petition for a writ of certiorari filed. (Response due October 15, 2018)
- Aug 03 2018Application (17A1395) granted by The Chief Justice extending the time to file until September 10, 2018.
- Aug 02 2018Application (17A1395) to extend further the time from August 13, 2018 to September 10, 2018, submitted to The Chief Justice.
- Jun 22 2018Application (17A1395) granted by Justice Kennedy extending the time to file until August 13, 2018.
- Jun 19 2018Application (17A1395) to extend the time to file a petition for a writ of certiorari from July 12, 2018 to August 13, 2018, submitted to Justice Kennedy.