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William Becker, et al. v. City of Hillsboro, Missouri

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-3367 · judgment January 7, 2025


Certiorari denied · June 6, 2025
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether the Court of Appeals declined to follow this Court’s opinion in Yee v. City of Escondido, 503 U.S. 519 (1992) by holding that Petitioners had waived on appeal the argument of an unconstitutional regulatory taking under Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994) even though they had consistently asserted unconstitutional taking claims under both the United States and Missouri Constitutions.

  2. Whether government land use regulations which effectively eliminate all use of private property for anything but vacant land amount to an unconstitutional taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)

Counsel of record

For petitioner
Steven W. Koslovsky
Steve Koslovsky, LLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 06 2025
    Petition DENIED.
  2. May 20 2025
    DISTRIBUTED for Conference of 6/5/2025.
  3. Apr 02 2025
    Petition for a writ of certiorari filed. (Response due May 7, 2025)