Supreme Court of the United States · Official docket →
City of Marathon, Florida v. Rodney Shands, et al.
Paid petition · District Court of Appeal of Florida, Third District, No. 3D2021-1987 · judgment February 5, 2025
Certiorari denied · June 8, 2026
Pre-decision estimate: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a state or local-government petitioner.
Question presented
Whether a taking has occurred under the categorical rule announced by this Court in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), even though the regulated property retains significant market value for both its transferable development rights and recreational uses. (i)
Counsel of record
For petitioner
Carter G. Phillips
Sidley Austin LLP
For respondent
Jeremy Brennan Talcott
Pacific Legal Foundation
Proceedings
- Jun 08 2026Petition DENIED.
- Jun 01 2026Brief amici curiae of Audubon Western Everglades, et al. filed. (Distributed)
- May 22 2026Brief amicus curiae of 1000 Friends of Florida, Inc. filed. (Distributed)
- May 20 2026Brief amicus curiae of Monroe County, Florida filed. (Distributed)
- May 19 2026DISTRIBUTED for Conference of 6/4/2026.
- May 15 2026Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
- May 11 2026Waiver of right of respondent Rodney Shands, Robert Shands, Thomas Shands, Kathryn Edwards to respond filed.
- May 01 2026Petition for a writ of certiorari filed. (Response due June 4, 2026)
- Feb 24 2026Application (25A932) granted by Justice Thomas extending the time to file until May 4, 2026.
- Feb 18 2026Application (25A932) to extend the time to file a petition for a writ of certiorari from March 5, 2026 to May 4, 2026, submitted to Justice Thomas.