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Evans Creek, LLC v. City of Reno, Nevada

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16620 · judgment October 26, 2022

Certiorari denied · May 30, 2023
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Whether a property owner states a valid takings claim by alleging that a regulation substantially deprives the owner of the right to use property, or must the owner satisfy each of the factors set out in Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124 (1978)?

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Jasmine Mehta
Reno City Attorney's Office

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
22A624

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. May 03 2023
    Reply of petitioner Evans Creek, LLC filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Apr 26 2023
    Brief of respondent City of Reno, Nevada in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Apr 07 2023
    Brief amicus curiae of Small Property Owners of San Francisco Institute filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Mar 17 2023
    Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2023.
  7. Mar 16 2023
    Motion to extend the time to file a response from April 12, 2023 to April 26, 2023, submitted to The Clerk.
    Main Document
  8. Mar 09 2023
    Petition for a writ of certiorari filed. (Response due April 12, 2023)
    PetitionAppendixCertificate of Word CountProof of Service
  9. Feb 17 2023
    Application (22A624) granted by Justice Kagan extending the time to file until March 14, 2023.
  10. Feb 13 2023
    Application (22A624) to extend further the time from February 28, 2023 to March 14, 2023, submitted to Justice Kagan.
    Written Request
  11. Jan 11 2023
    Application (22A624) granted by Justice Kagan extending the time to file until February 28, 2023.
  12. Jan 06 2023
    Application (22A624) to extend the time to file a petition for a writ of certiorari from January 24, 2023 to February 28, 2023, submitted to Justice Kavanaugh.
    Main Document