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California Association for the Preservation of Gamefowl v. Stanislaus County, California
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-15975 · judgment November 6, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether a statute of limitations for facial constitutional challenges begins to run solely from the date of enactment, or whether each day of continued enforcement creates new injuries that refresh the limitations period.
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Whether an ordinance that entirely eliminates non-commercial ownership of a category of property while exempting commercial owners constitutes a per se regulatory taking requiring just compensation under the Fifth Amendment.
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Whether legislation targeting non-commercial property owners for disparate treatment without evidence of greater harm constitutes arbitrary action violating substantive due process.
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Whether retroactively eliminating existing property rights without compensation or individualized process constitutes an unconstitutional bill of attainder.
Counsel of record
For petitioner
Kevin G. Little
For respondent
John Robert Whitefleet
Porter Scott
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 03 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 15 2025Brief of respondent Stanislaus County, California in opposition filed.
- Jul 10 2025Motion to extend the time to file a response is granted in part and the time is extended to and including August 18, 2025.
- Jul 07 2025Motion to extend the time to file a response from July 16, 2025 to August 30, 2025, submitted to The Clerk.
- Jun 05 2025Petition for a writ of certiorari filed. (Response due July 16, 2025)
- Apr 15 2025Application (24A985) granted by Justice Kagan extending the time to file until June 5, 2025.
- Apr 07 2025Application (24A985) to extend the time to file a petition for a writ of certiorari from April 6, 2025 to June 5, 2025, submitted to Justice Kagan.