No. 18-1429

Stahl York Ave. Co., LLC v. City of New York, New York, et al.

Lower Court: New York
Docketed: 2019-05-14
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: administrative-agency administrative-law due-process fact-findings fifth-amendment independent-judicial-fact-finding independent-judicial-factfinding judicial-review just-compensation property-rights takings-clause
Key Terms:
AdministrativeLaw DueProcess Takings
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a property owner suing an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts supporting the claim in court, rather than being bound by fact-findings the agency itself made in the very proceeding in which it is alleged to have taken the property without just compensation

Question Presented (from Petition)

QUESTION PRESENTED Whether a property owner suing) an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts supporting the claim in court, rather than being bound by fact-findings the agency itself made in the very proceeding in which it is alleged to have taken the property without just compensation. ii CORPORATE DISCLOSURE All

Docket Entries

2019-10-07
Petition DENIED.
2019-06-19
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Brief amicus curiae of Pacific Legal Foundation filed.
2019-06-13
Brief amicus curiae of National Association of Home Builders of the United States filed.
2019-05-31
Waiver of right of respondents City of New York, et al. to respond filed.
2019-05-10
Petition for a writ of certiorari filed. (Response due June 13, 2019)
2019-04-05
Application (18A842) granted by Justice Ginsburg extending the time to file until May 10, 2019.
2019-04-02
Application (18A842) to extend further the time from April 12, 2019 to May 10, 2019, submitted to Justice Ginsburg.
2019-02-21
Application (18A842) granted by Justice Ginsburg extending the time to file until April 12, 2019.
2019-02-14
Application (18A842) to extend the time to file a petition for a writ of certiorari from March 13, 2019 to April 12, 2019, submitted to Justice Ginsburg.

Attorneys

City of New York, et al.
Aaron M. BloomZachary W. Carter, Corporation Counsel of the City of New York, Respondent
Aaron M. BloomZachary W. Carter, Corporation Counsel of the City of New York, Respondent
National Association of Home Builders of the United States
Amy Christine ChaiNational Association of Home Builders, Amicus
Amy Christine ChaiNational Association of Home Builders, Amicus
Pacific Legal Foundation
Glenn Evans RoperPacific Legal Foundation, Amicus
Glenn Evans RoperPacific Legal Foundation, Amicus
Stahl York Avenue Co., LLC
Alexandra Anastasia Ekaterina ShapiroShapiro Arato Bach LLP, Petitioner
Alexandra Anastasia Ekaterina ShapiroShapiro Arato Bach LLP, Petitioner