Supreme Court of the United States · Official docket →
Kingston Kohr, LLC v. City of Irvine, California
Paid petition · Court of Appeal of California, Fourth Appellate District, Division Three, No. G061805, G061821, G061858 · judgment July 30, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Nollan v. California Coastal Commission
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483 U.S. 825, 836, this Court held that local government denial of a demolition permit in order to exact a concession was allowed under the Takings Clause only if there was an “essential nexus” between the purpose of the permit and the purpose of the condition. The questions presented are:
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Whether owners of property in abatement have due process or property rights to conduct self demolition or whether this authority lies solely with local government.
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Whether it is a violation of the Takings and Due Process Clauses for local government to leverage its performance of a ministerial duty—namely, to grant or deny a demolition permit—to exact the property owner’s consent for entry on the property to conduct its own demolition.
Counsel of record
For petitioner
David Zarmi
Zarmi Law
For respondent
Noam Duzman
Rutan & Tucker, LLP
Proceedings
- May 05 2025Petition DENIED.
- Apr 16 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 09 2025Waiver of right of respondent City of Irvine to respond filed.
- Mar 10 2025Petition for a writ of certiorari filed. (Response due April 14, 2025)
- Jan 30 2025Application (24A746) granted by Justice Kagan extending the time to file until March 10, 2025.
- Jan 17 2025Application (24A746) to extend the time to file a petition for a writ of certiorari from January 28, 2025 to March 10, 2025, submitted to Justice Kagan.