No. 21-217

Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al.

Lower Court: Tenth Circuit
Docketed: 2021-08-16
Status: Denied
Type: Paid
Tags: civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause
Key Terms:
Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Did the lower courts err in dismissing Petitioner's Federal Takings claim and claim for inverse condemnation against Defendants with prejudice at the pleading stage?

Question Presented (OCR Extract)

question presented is: Did the lower courts err in dismissing Petitioner’s Federal Takings claim and claim for inverse condemnation against Defendants with prejudice at the pleading stage, deciding that Petitioner’s allegations do not state a plausible Penn Central regulatory takings claim?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-10-15
Brief of respondents Mayor Tim Keller, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2021-09-13
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2021.
2021-09-10
Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
Main Document
2021-08-12
Petition for a writ of certiorari filed. (Response due September 15, 2021)
Petition

Attorneys

Marcy Britton
Aubrey Blair Dunn — Western Agriculture, Resource and Business Advocates, LLP, Petitioner
Aubrey Blair Dunn — Western Agriculture, Resource and Business Advocates, LLP, Petitioner
Mayor Tim Keller, et al.
Kevin Ashley Morrow — City of Albuquerque, Office of the City of Attorney, Respondent
Kevin Ashley Morrow — City of Albuquerque, Office of the City of Attorney, Respondent