No. 18-535

Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2018-10-23
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure land-use land-use-decisions motion-to-dismiss property-rights rational-basis rule-12b6 standard-of-review substantive-due-process takings
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether, and to what extent, a court must give deference to a plaintiff's complaint and view the government's rational basis as a rebuttal presumption, or whether a court may hypothesize its own rational basis unrestrained from the factual allegations

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether, and to what extent, on a Rule 12(b)(6) motion to dismiss, a court must give deference to a plaintiff’s complaint, viewing the government’s rational basis as a rebuttal presumption, as the Seventh, Fourth, and Tenth Circuits have held; or whether a court may hypothesize its own rational basis unconstrained from the factual allegations, as the Fifth, Eighth, and D.C. Circuits have held. 2. Whether a plaintiff’s real property ownership is a sufficient property interest to enable a substantive due process challenge to a city’s land use decisions, as decisions of this Court have implicitly held, since Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926).

Docket Entries

2018-12-03
Petition DENIED.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-10-29
Waiver of right of respondent City of Houston, Texas to respond filed.
2018-10-29
Waiver of right of respondents Reinvestment Zone Number Seventeen, et al. to respond filed.
2018-10-19
Petition for a writ of certiorari filed. (Response due November 23, 2018)
2018-08-13
Application (18A154) granted by Justice Alito extending the time to file until October 19, 2018.
2018-08-08
Application (18A154) to extend the time to file a petition for a writ of certiorari from August 20, 2018 to October 19, 2018, submitted to Justice Alito.

Attorneys

City of Houston, Texas
Collyn A. PeddieCity of Houston Legal Departme, Respondent
Collyn A. PeddieCity of Houston Legal Departme, Respondent
Reinvestment Zone Number Seventeen, et al.
Barry AbramsBlank Rome LLP, Respondent
Barry AbramsBlank Rome LLP, Respondent
Residents Against Flooding, et al.
Mary Bond ConnerIrvine & Conner PLLC, Petitioner
Mary Bond ConnerIrvine & Conner PLLC, Petitioner