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John Fritz, et ux. v. Washoe County, Nevada

Paid petition · Supreme Court of Nevada, No. 75693 · judgment May 31, 2019


Certiorari denied · May 4, 2020
Pre-decision estimate: 1% cert probability

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

Question presented

Conflicting with Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), the Supreme Court of Nevada concluded that to prevail on a physical takings claim a property owner must show that a flood “effectually destroy[ed] or impair[ed] [the property’s] usefulness.” The question presented is: To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner’s economically beneficial uses of property?

Counsel of record

For petitioner
Luke Andrew Busby
Luke Andrew Busby, Ltd.

For respondent
Michael W. Large
Washoe County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A703

Proceedings

  1. May 04 2020
    Petition DENIED.
  2. Apr 24 2020
    Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
  3. Apr 15 2020
    DISTRIBUTED for Conference of 5/1/2020.
  4. Mar 25 2020
    Waiver of right of respondent Washoe County, NV to respond filed.
  5. Mar 23 2020
    Petition for a writ of certiorari filed. (Response due April 27, 2020)
  6. Jan 07 2020
    Substitution of Counsel of John Fritz, et al. not accepted for filing. (January 09, 2020 -- Document not of the type that is to be electronically filed)
  7. Dec 23 2019
    Application (19A703) granted by Justice Kagan extending the time to file until March 23, 2020.
  8. Dec 17 2019
    Application (19A703) to extend the time to file a petition for a writ of certiorari from February 20, 2020 to March 23, 2020, submitted to Justice Kagan.