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Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35050 · judgment August 8, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 10% cert probability (95% interval 7%–16%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Questions presented

  1. Because the Takings Clause of the Fifth Amendment demands just compensation for governmental takings, including temporary ones, did the Ninth Circuit err in dismissing as moot a challenge to Washington State’s COVID-19 eviction moratoria by landowners who suffered great losses by bearing the social burden of providing public housing during the pandemic against their will because those moratoria had ended by the time the case reached the Ninth Circuit on appeal?

  2. When a Governor prohibits landowners from evicting non-paying or rule-breaking tenants for many months forcing those landowners to bear the social burden of providing housing during a health pandemic, has the State effected a regulatory taking that demands just compensation under the Takings Clause of the Fifth Amendment?

  3. Did the Ninth Circuit depart from the settled precedent of this Court and other Circuits of the Court of Appeals by concluding that the landlords could not enforce the Takings Clause through a declaratory judgment action?

Counsel of record

For petitioner
Philip Albert Talmadge
Talmadge/Fitzpatrick

For respondent
Peter Benjamin Gonick
Attorney General of Washington

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 05 2023
    Brief amicus curiae of GRE Downtowner LLC filed. (Distributed)
  3. Dec 01 2023
    Brief amicus curiae of Citizen Action Defense Fund filed. (Distributed)
  4. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  5. Nov 14 2023
    Waiver of right of respondent Jay Inslee, et al. to respond filed.
  6. Nov 06 2023
    Petition for a writ of certiorari filed. (Response due December 8, 2023)