Supreme Court of the United States · Official docket →
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
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below.
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:
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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 ?
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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
Proceedings
- Dec 13 2021Petition DENIED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 12 2021Reply of petitioners Taylor & Sons, et al. filed.
- Nov 05 2021Brief of respondent United States in opposition filed.
- Oct 12 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 5, 2021.
- Oct 08 2021Motion to extend the time to file a response from October 18, 2021 to November 5, 2021, submitted to The Clerk.
- Sep 09 2021Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
- Sep 08 2021Motion to extend the time to file a response from September 17, 2021 to October 18, 2021, submitted to The Clerk.
- Aug 13 2021Petition for a writ of certiorari filed. (Response due September 17, 2021)