Supreme Court of the United States · Official docket →
Janice Smyth v. Conservation Commission of Falmouth, et al.
Paid petition · Appeals Court of Massachusetts, No. 2017-P-1189 · judgment February 19, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Penn Central Transp. Co. v. N. Y., 438 U.S. 104 (1978), this Court held that Fifth Amendment “regulatory takings” claims are governed by three factors: the “economic impact” of the challenged regulatory action, the extent of interference with a property owner’s “distinct investment-backed expectations” and the “character of the governmental action.” Id. The Massachusetts Appeals Court applied the Penn Central factors to hold that Respondent Town of Falmouth (Town) did not unconstitutionally take Petitioner Janice Smyth’s (Mrs. Smyth) property by denying a permit to build a home. Mrs. Smyth’s parents purchased the lot in 1975 for $49,000 ($216,000 in today’s dollars), but did not develop it. In the meantime, the entire subdivision was developed. When Mrs. Smyth inherited the lot and sought to build, the Town refused to grant a permit based on regulation post-dating her interest. The denial left Mrs. Smyth’s lot without any possible use except as a “playground” or “park,” and stripped it of 91.5% of its value. Yet, the court below held that none of the Penn Central factors weighed in favor of a taking under these circumstances. The questions presented are:
-
Whether the loss of all developmental use of property and a 91.5% decline in its value is a sufficient “economic impact” to support a regulatory takings claim under Penn Central.
-
Whether a person who acquires land in a developed area, prior to regulation, has a legitimate “expectation” of building and, if so, whether that
Counsel of record
For petitioner
J. David Breemer
Pacific Legal Foundation
For respondent
Matthew Littleton
Donahue, Goldberg & Littleton
Proceedings
- Dec 16 2019Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al. GRANTED.
- Dec 16 2019Petition DENIED.
- Dec 09 2019DISTRIBUTED for Conference of 12/13/2019.
- Dec 02 2019DISTRIBUTED for Conference of 12/6/2019.
- Nov 06 2019DISTRIBUTED for Conference of 11/22/2019.
- Oct 31 2019Reply of petitioner Janice Smyth filed.
- Oct 21 2019Brief of respondents Conservation Commission of Falmouth and Town of Falmouth in opposition filed.
- Sep 19 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
- Sep 19 2019Blanket Consent filed by Respondent, Conservation Commission of Falmouth and Town of Falmouth.
- Sep 18 2019Brief amici curiae of Mountain States Legal Foundation and Cato Institute filed.
- Sep 17 2019Motion for leave to file amici brief filed by NFIB Small Business Legal Center, et al.
- Sep 09 2019Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2019.
- Sep 09 2019Blanket Consent filed by Petitioner, Janice Smyth.
- Sep 06 2019Motion to extend the time to file a response from September 19, 2019 to October 21, 2019, submitted to The Clerk.
- Aug 16 2019Petition for a writ of certiorari filed. (Response due September 19, 2019)
- Jul 25 2019Application (19A88) granted by Justice Breyer extending the time to file until August 21, 2019.
- Jul 22 2019Application (19A88) to extend the time to file a petition for a writ of certiorari from August 7, 2019 to August 21, 2019, submitted to Justice Breyer.