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James G. Collins v. Monterey County, California
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16153 · judgment June 20, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Does a taking analyzed under Lucas v. S.C. Coastal Council1 require that the affected property be left with no value even if the regulation in question deprives the property of all economically beneficial uses? Does Palazzolo v. Rhode Island 2 leave any room for consideration of the landowners’ expectations in a Penn Central3 takings analysis? Do the decisions in Loper Bright Enters. v. Raimondo4, Cedar Point Nursery v. Hassid, 5 Sheetz v. Cnty. of El Dorado6 and Lingle v. Chevron USA, Inc.7, change the way courts should evaluate the “character of governmental action” factor in a Penn Central analysis?
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505 U.S. 1003 (1992)
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53 U.S. 606 (2001)
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Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (1978)
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144 S.Ct. 2244 (2024)
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594 U.S. 139 (2021)
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601 U.S. 267 (2024)
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544 U.S. 528 (2005)
Counsel of record
For petitioner
John Milton Sosbe
Sosbe Law Firm, PLLC
For respondent
Samuel Bruce Beiderwell
Monterey County Counsel
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 24 2025Petition DENIED.
- Jan 22 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 02 2025Brief of respondent Monterey County, California in opposition filed.
- Nov 26 2024Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2025.
- Nov 22 2024Motion to extend the time to file a response from December 2, 2024 to January 2, 2025, submitted to The Clerk.
- Oct 28 2024Petition for a writ of certiorari filed. (Response due December 2, 2024)