No. 18-294

Nicholas Honchariw v. County of Stanislaus, California, et al.

Lower Court: Ninth Circuit
Docketed: 2018-09-07
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (3)
Tags: due-process final-determination ripeness state-court-procedures subdivision subdivision-approval taking-claims takings takings-clause williamson-county
Key Terms:
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Latest Conference: 2019-06-27 (distributed 3 times)
Question Presented (AI Summary)

Whether taking and due process claims arising from a subdivision disapproval ripen under Williamson County Regional Planning Commission et al. v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) upon disapproval of an initial application or only upon a final, definitive determination of permitted use of property

Question Presented (from Petition)

QUESTIONS PRESENTED Whether taking and due process claims arising from a subdivision disapproval ripen under Williamson County Regional Planning Commission et al. v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) upon disapproval of an initial application or only upon a final, definitive determination of permitted use of property. Whether the procedure set up by the California Supreme Court requiring that all challenges to a subdivi, : sion decision be filed within 90 days — and barring ; : later claims — provides an available and adequate state remedy under Williamson for taking claims which do : not ripen until later. ' ’ Ik » WUE GE ft ii : LIST OF ALL PARTIES The party to the judgment from which review is sought is Petitioner Nicholas Honchariw, Trustee of the Hon: chariw Family Trust U/A/D March 8, 1991, as amended. He was a party in all proceedings below. Respondents are the County of Stanislaus and the Board of Supervisors of the County of Stanislaus.

Docket Entries

2019-07-30
JUDGMENT ISSUED.
2019-06-28
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Knick v. Township of Scott, 588 U. S. ___ (2019).
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-29
Reply of petitioner Nicholas Honchariw filed. (12/3/2018)
2018-11-16
Brief of respondents County of Stanislaus, CA, et al. in opposition filed.
2018-10-18
Response Requested. (Due November 19, 2018)
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondents County of Stanislaus, CA, et al. to respond filed.
2018-07-26
Petition for a writ of certiorari filed. (Response due October 9, 2018)

Attorneys

County of Stanislaus, CA, et al.
Matthew D. ZinnShute, Mihaly & Weinberger LLP, Respondent
Matthew D. ZinnShute, Mihaly & Weinberger LLP, Respondent
Nicholas Honchariw
Nicholas James Honchariw — Petitioner
Nicholas James Honchariw — Petitioner