No. 21-148

California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al.

Lower Court: California
Docketed: 2021-08-03
Status: Denied
Type: Paid
Amici (2)
Tags: constitutional-law due-process government-action jacobson-v-massachusetts property-rights public-health rational-basis takings takings-clause
Key Terms:
AdministrativeLaw DueProcess FirstAmendment Takings Securities JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based on 'rational speculation' in issuing a public health order that effects a taking of a citizen's right to the free use and enjoyment of his or her property?

Question Presented (OCR Extract)

QUESTION PRESENTED Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based on “rational speculation” in issuing a public health order that effects a taking of a citizen’s right to the free use and enjoyment of his or her property?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-15
DISTRIBUTED for Conference of 10/8/2021.
2021-09-07
Supplemental brief of petitioner California Restaurant Association, Inc. filed.
2021-09-02
Brief amicus curiae of The Restaurant Law Center filed.
2021-09-02
Brief amicus curiae of City of Santa Clarita filed.
2021-07-30
Petition for a writ of certiorari filed. (Response due September 2, 2021)

Attorneys

California Restaurant Association, Inc.
Dennis Sean EllisBrowne George Ross O’Brien Annaguey & Ellis LLP, Petitioner
Dennis Sean EllisBrowne George Ross O’Brien Annaguey & Ellis LLP, Petitioner
City of Santa Clarita
Charles E. SlyngstadBurke, Williams & Sorensen, LLP, Amicus
Charles E. SlyngstadBurke, Williams & Sorensen, LLP, Amicus
The Restaurant Law Center
Maurice BaskinLittler Mendelson, P.C., Amicus
Maurice BaskinLittler Mendelson, P.C., Amicus