No. 19-1175

John Fritz, et ux. v. Washoe County, Nevada

Lower Court: Nevada
Docketed: 2020-03-26
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: economic-impact economic-impairment fifth-amendment fourteenth-amendment government-regulation loretto-v-teleprompter physical-invasion physical-taking property-rights regulatory-takings takings
Key Terms:
DueProcess FifthAmendment Takings
Latest Conference: 2020-05-01
Question Presented (AI Summary)

To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner's economically beneficial uses of property?

Question Presented (OCR Extract)

QUESTION PRESENTED Conflicting with Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), the Supreme Court of Nevada concluded that to prevail on a physical takings claim a property owner must show that a flood “effectually destroyled] or impair[ed] [the property’s] usefulness.” The question presented is: To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner’s economically beneficial uses of property?

Docket Entries

2020-05-04
Petition DENIED.
2020-04-24
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-25
Waiver of right of respondent Washoe County, NV to respond filed.
2020-03-23
Petition for a writ of certiorari filed. (Response due April 27, 2020)
2019-12-23
Application (19A703) granted by Justice Kagan extending the time to file until March 23, 2020.
2019-12-17
Application (19A703) to extend the time to file a petition for a writ of certiorari from February 20, 2020 to March 23, 2020, submitted to Justice Kagan.

Attorneys

John Fritz, et al.
Luke Andrew BusbyLuke Andrew Busby, Ltd., Petitioner
Luke Andrew BusbyLuke Andrew Busby, Ltd., Petitioner
Pacific Legal Foundation
Brian Trevor HodgesPacific Legal Foundation, Amicus
Brian Trevor HodgesPacific Legal Foundation, Amicus
Washoe County, NV
Michael W. LargeWashoe County District Attorney's Office, Respondent
Michael W. LargeWashoe County District Attorney's Office, Respondent