Supreme Court of the United States · Official docket →
CraneVeyor Corp. v. City of Rancho Cucamonga, California
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55435 · judgment April 20, 2023
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
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Should this Court overrule in its entirety, or reconsider parts of, Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978)?
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Does the “economic impact” of a regulation on the subject property have to approach total loss of use and value to weigh in favor of a taking under Penn Central, as the District Court and Ninth Circuit held below?
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Can a property owner ever have “distinct investmentbacked expectations” for the beneficial use of property, for purposes of alleging a Penn Central taking, if restrictive downzoning is adopted before development of the property is undertaken?
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Should the “character of the government action” prong of Penn Central be expunged from takings analysis as conflicting with Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419 (1982) and Lingle v. Chevron USA Inc., 544 US 528 (2005)?
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Does a zoning regulation that places property in a zone for which no beneficial uses are authorized violate the categorical taking rule of Lucas v. South Carolina?
Counsel of record
For petitioner
Timothy Vartkes Kassouni
Kassouni Law
For respondent
Thomas Peter Pierce
Richards, Watson & Gershon
Proceedings
- Oct 30 2023Petition DENIED.
- Oct 11 2023DISTRIBUTED for Conference of 10/27/2023.
- Oct 05 2023Reply of petitioner CraneVeyor Corp. filed. (Distributed)
- Sep 21 2023Brief of respondent City of Rancho Cucamonga, CA in opposition filed.
- Aug 18 2023Petition for a writ of certiorari filed. (Response due September 21, 2023)
- Jul 12 2023Application (23A25) granted by Justice Kagan extending the time to file until August 18, 2023.
- Jul 08 2023Application (23A25) to extend the time to file a petition for a writ of certiorari from July 19, 2023 to August 18, 2023, submitted to Justice Kagan.