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Taylor & Sons, Inc., et al. v. United States, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2020-1185 · judgment December 29, 2020

Certiorari denied · December 13, 2021
At-filing estimate: 2% cert probability

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

Questions presented

At the time the Government required Petitioners to cease doing business under their Chrysler dealer franchises, which are compensable property interests under the Fifth Amendment, each was profitable. But the courts below held that the government-caused shutoff of Petitioners’ streams of income did not satisfy Penn Central ’s economic impact element—and thus did not constitute a Fifth Amendment taking for which just compensation was due. THE QUESTIONS PRESENTED ARE:

  1. Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under Penn Central ?

  2. Does Penn Central provide an adequate rule of law to guide federal and state courts in determining whether a compensable Fifth Amendment regulatory taking has occurred?

Counsel of record

For petitioner
Roger J Marzulla
Marzulla Law, LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

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

Conference history
Distributed for 1 conference

Related
Vide, 21-233

Order
Order list, December 13, 2021 · Certiorari denied

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 12 2021
    Reply of petitioners Taylor & Sons, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Nov 05 2021
    Brief of respondent United States in opposition filed.
    Main DocumentCertificate of Word Count
  5. Oct 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 5, 2021.
  6. Oct 08 2021
    Motion to extend the time to file a response from October 18, 2021 to November 5, 2021, submitted to The Clerk.
    Main Document
  7. Sep 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
  8. Sep 08 2021
    Motion to extend the time to file a response from September 17, 2021 to October 18, 2021, submitted to The Clerk.
    Main Document
  9. Aug 13 2021
    Petition for a writ of certiorari filed. (Response due September 17, 2021)
    PetitionCertificate of Word CountProof of Service