No. 21-244

Taylor & Sons, Inc., et al. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2021-08-18
Status: Denied
Type: Paid
Tags: 5th-amendment economic-impact fifth-amendment just-compensation penn-central penn-central-test property-rights regulatory-taking takings
Key Terms:
Takings
Latest Conference: 2021-12-10
Related Cases: 21-233 (Vide)
Question Presented (AI Summary)

Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under Penn Central?

Question Presented (OCR Extract)

QUESTIONS PRESENTED At the time the Government required Petitioners to cease doing business under their Chrysler dealer franchises, which are compensable property interests under the Fifth Amendment, each was profitable. But the courts below held that the government-caused shutoff of Petitioners’ streams of income did not satisfy Penn Central’s economic impact element—and thus did not constitute a Fifth Amendment taking for which just compensation was due. THE QUESTIONS PRESENTED ARE: 1. Does the fact that the property is generating profits on the date of taking satisfy the economic impact requirement to find a regulatory taking under Penn Central? 2. Does Penn Central provide an adequate rule of law to guide federal and state courts in determining whether a compensable Fifth Amendment regulatory taking has occurred?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-12
Reply of petitioners Taylor & Sons, et al. filed.
2021-11-05
Brief of respondent United States in opposition filed.
2021-10-12
Motion to extend the time to file a response is granted and the time is further extended to and including November 5, 2021.
2021-10-08
Motion to extend the time to file a response from October 18, 2021 to November 5, 2021, submitted to The Clerk.
2021-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 18, 2021.
2021-09-08
Motion to extend the time to file a response from September 17, 2021 to October 18, 2021, submitted to The Clerk.
2021-08-13
Petition for a writ of certiorari filed. (Response due September 17, 2021)

Attorneys

Taylor & Sons, et al.
Roger J MarzullaMarzulla Law, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent