Supreme Court of the United States · Official docket →
The Gym 24/7 Fitness, LLC v. Michigan
Paid petition · Court of Appeals of Michigan, No. 355148 · judgment March 31, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In this Fifth Amendment regulatory takings case, Michigan’s Executive Order took dominion and control of the use of Petitioner’s commercial property. It barred all customers from the premises for six months, which erased the property’s economic use and destroyed Petitioner’s reasonable investment-backed expectations to benefit the general public. However, Michigan courts dismissed Petitioner’s case at the pleadings stage, generating three disparate opinions, with two different outcomes, and 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.” There is also tension in this Court’s decisions, and those below, as to whether the element of time should be a determinant of takings liability. The questions presented are:
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Whether Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104 (1978), should be clarified or overruled?
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Whether a taking occurs upon the government asserting control over a property right, as the Court held in Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021), or instead, upon the government asserting control over a property right for some undefined period of time, as the Court held in Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Plan. Agency, 535 U.S. 302 (2002)?
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.
- May 09 2025Reply of petitioner The Gym 24/7 Fitness, LLC filed. (Distributed)
- Apr 30 2025Brief of respondent Michigan in opposition filed.
- Mar 28 2025Brief amici curiae of Citizen Action Defense Fund, et al. filed.
- Mar 05 2025Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2025.
- Mar 04 2025Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
- Feb 27 2025Response Requested. (Due March 31, 2025)
- Feb 26 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 18 2025Brief amici curiae of National Association of REALTORS®, et al. filed.
- Feb 18 2025Brief amicus curiae of The Buckeye Institute filed. VIDED.
- Feb 18 2025Brief amicus curiae of New York Apartment Association filed.
- 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 respondent Michigan to respond filed.
- Jan 14 2025Petition for a writ of certiorari filed. (Response due February 18, 2025)
- Oct 31 2024Application (24A418) granted by Justice Kavanaugh extending the time to file until January 16, 2025.
- Oct 25 2024Application (24A418) to extend the time to file a petition for a writ of certiorari from November 28, 2024 to January 16, 2025, submitted to Justice Kavanaugh.