Supreme Court of the United States · Official docket →
Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20373 · judgment May 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether, and to what extent, on a Rule 12(b)(6) motion to dismiss, a court must give deference to a plaintiff ’s complaint, viewing the government’s rational basis as a rebuttal presumption, as the Seventh, Fourth, and Tenth Circuits have held; or whether a court may hypothesize its own rational basis unconstrained from the factual allegations, as the Fifth, Eighth, and D.C. Circuits have held.
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Whether a plaintiff ’s real property ownership is a sufficient property interest to enable a substantive due process challenge to a city’s land use decisions, as decisions of this Court have implicitly held, since Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926).
Counsel of record
For petitioner
Mary Bond Conner
Irvine & Conner PLLC
For respondent
Barry Abrams
Blank Rome LLP
Proceedings
- Dec 03 2018Petition DENIED.
- Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
- Oct 29 2018Waiver of right of respondent City of Houston, Texas to respond filed.
- Oct 29 2018Waiver of right of respondents Reinvestment Zone Number Seventeen, et al. to respond filed.
- Oct 19 2018Petition for a writ of certiorari filed. (Response due November 23, 2018)
- Aug 13 2018Application (18A154) granted by Justice Alito extending the time to file until October 19, 2018.
- Aug 08 2018Application (18A154) to extend the time to file a petition for a writ of certiorari from August 20, 2018 to October 19, 2018, submitted to Justice Alito.