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Pulte Homes of New York LLC v. Town of Carmel, New York, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-3747 · judgment June 13, 2018

Certiorari denied · January 22, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a state or local-government respondent.

Question presented

W hether a civil rights claim under 42 U.S.C. § 1983 accrues by a continuing violation theory when a municipality refuses, or attempts to condition, the return of annulled land development fees more than three years after being levied, but less than three years after being paid and then vacated by court order.

Counsel of record

For petitioner
Michael Vincent Caruso
Michael V. Caruso, P.C.

For respondent
Maurizio Savoiardo III
Miranda Sambursky Slone Sklarin Verveniotis, LLP

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 22, 2019 · Certiorari denied

Proceedings

Jan 22 2019
Petition DENIED.
Jan 02 2019
DISTRIBUTED for Conference of 1/18/2019.
Dec 19 2018
Brief of respondents Town of Carmel, New York, et al. in opposition filed.
Nov 13 2018
Petition for a writ of certiorari filed. (Response due December 19, 2018)