No. 20-1212

Peyman Pakdel, et ux. v. City and County of San Francisco, California, et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-03
Status: GVR
Type: Paid
Amici (3)Relisted (4) Experienced Counsel
Tags: 42-usc-1983 administrative-remedies exhaustion-of-remedies finality-requirement land-use-regulation property-rights regulatory-takings takings-claim unconstitutional-conditions williamson-county
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings JusticiabilityDoctri
Latest Conference: 2021-06-24 (distributed 4 times)
Question Presented (AI Summary)

Whether a 42 U.S.C. § 1983 takings claim is ripe under Williamson County's finality requirement when a city has definitively and unalterably imposed a land use regulation on a landowner?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Planning for their retirement home, Petitioners (the Pakdels) purchased a_ tenancy-in-common interest in a six-unit building in San Francisco, which gave them occupancy rights to one unit. In the meantime, they rented the unit to a tenant. The Pakdels’ purchase agreement required them to cooperate with co-owners to convert their tenancy-incommon interests into separately owned condominiums. The City later amended its condoconversion ordinance to require converting owners to offer a lifetime lease to any non-owning tenants. After the Pakdels applied for conversion, the City twice denied their request to be excused from the lifetime lease requirement. A divided Ninth Circuit panel affirmed the dismissal of the Pakdels’ regulatory takings claim, holding that the City’s decision was not “final” under Williamson County Reg’ Planning Comm'n v. Hamilton Bank, 473 U.S. 172 (1985), because the Pakdels had not _ exhausted administrative remedies. The court also affirmed the dismissal of the Pakdels’ unconstitutional conditions claim because the condition was imposed through legislation. With nine judges dissenting, the court denied rehearing en banc. The questions presented are: 1. Whether a 42 U.S.C. § 1983 takings claim is ripe under Williamson County’s finality requirement when a city has definitively and unalterably imposed a land use regulation on a landowner? 2. Whether the unconstitutional conditions doctrine applies to permit conditions?

Docket Entries

2021-07-30
JUDGMENT ISSUED.
2021-06-28
Petition GRANTED. Judgment VACATED and case REMANDED for proceedings consistent with the <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-1212_3204.pdf'>opinion</a> of the Court. <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-1212_3204.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/20pdf/20-1212_3204.pdf'>Opinion</a>)
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-06-08
Rescheduled.
2021-06-07
DISTRIBUTED for Conference of 6/10/2021.
2021-06-01
Rescheduled.
2021-05-18
DISTRIBUTED for Conference of 6/3/2021.
2021-05-14
Reply of petitioners Peyman Pakdel, et al. filed. (Distributed)
2021-05-03
Brief of respondents City and County of San Francisco, et al. in opposition filed.
2021-04-02
Brief amicus curiae of The Cato Institute filed.
2021-04-01
Brief amicus curiae of Pelican Institute for Public Policy filed.
2021-04-01
Brief amici curiae of Southeastern Legal Foundation; National Federation of Independent Business Small Business Legal Center; Texas Public Policy Foundation filed.
2021-03-23
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2021.
2021-03-18
Motion to extend the time to file a response from April 2, 2021 to May 3, 2021, submitted to The Clerk.
2021-03-04
Blanket Consent filed by Petitioner, Peyman Pakdel, et al.
2021-02-26
Petition for a writ of certiorari filed. (Response due April 2, 2021)

Attorneys

City and County of San Francisco, et al.
Kristen Ann JensenOffice of the San Francisco City Attorney, Respondent
Kristen A. Jensen — Respondent
Pelican Institute for Public Policy
Sarah Elizabeth Roy HarbisonPelican Instititue for Public Policy, Amicus
Peyman Pakdel, et al.
Jeffrey Wilson McCoyPacific Legal Foundation, Petitioner
Southeastern Legal Foundation; National Federation of Independent Business Small Business Legal Center; Texas Public Policy Foundation
Kimberly Stewart HermannSoutheastern Legal Foundation, Amicus
The Cato Institute
Ilya ShapiroCato Institute, Amicus