Supreme Court of the United States · Official docket →
Mount Clemens Recreational Bowl, Inc., et al. v. Elizabeth Hertel, Director, Michigan Department of Health and Human Services, et al.
Paid petition · Court of Appeals of Michigan, No. 358755 · judgment November 17, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In this Fifth Amendment regulatory takings case, Michigan’s Executive Orders and Administrative Orders took dominion and control of the use of Petitioners’ property; first, by barring all customers from the premises and, then, by imposing severe use restrictions that substantially idled the property. Both caused economic devastation and destroyed Petitioners’ reasonable investment-backed expectations to benefit the general public. However, Michigan courts dismissed Petitioners’ case at the pleadings stage, generating three conflicting interpretations of Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978). The result demonstrates Penn Central’s inability to protect fundamental property rights and to provide a clear, consistent, and uniform determination of “how far is too far.” The question presented is: Whether Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978), should be clarified or overruled?
Counsel of record
For petitioner
Jonathan M. Houghton
Pacific Legal Foundation
For respondent
Ann Maurine Sherman
Michigan Department of Attorney General
Proceedings
- Jun 02 2025Petition DENIED.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- Feb 27 2025Rescheduled.
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 18 2025Brief amicus curiae of The Buckeye Institute filed. VIDED.
- Feb 14 2025Brief amici curiae of National Federation of Independent Business (NFIB) Small Business Legal Center, Inc., et al. filed. VIDED.
- Feb 13 2025Brief amicus curiae of Rental Housing Association of Washington filed. VIDED.
- Feb 11 2025Waiver of right of respondents Elizabeth Hertel, MI DHHS Director, Kristin Beltzer, Chair of the MI Liquor CC, Gretchen Whitmer, MI Gov; Patrick Gagliardi (Belzter substitution) Comm. Mi Liquor CC to respond filed.
- Jan 14 2025Petition for a writ of certiorari filed. (Response due February 18, 2025)
- Oct 31 2024Application (24A435) granted by Justice Kavanaugh extending the time to file until January 15, 2025.
- Oct 25 2024Application (24A435) to extend the time to file a petition for a writ of certiorari from November 28, 2024 to January 15, 2025, submitted to Justice Kavanaugh.