No. 22-52

Ariyan Incorporated, dba Discount Corner, et al. v. Sewerage & Water Board of New Orleans, et al.

Lower Court: Fifth Circuit
Docketed: 2022-07-20
Status: Denied
Type: Paid
Amici (5)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 14th-amendment 5th-amendment due-process eminent-domain fifth-amendment fourteenth-amendment government-taking inverse-condemnation just-compensation property-rights takings
Key Terms:
Takings FifthAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2022-10-14 (distributed 2 times)
Question Presented (AI Summary)

May the government, consistent with the Fifth and Fourteenth Amendments' self-executing command of Just Compensation for takings of private property, indefinitely delay paying just compensation?

Question Presented (OCR Extract)

QUESTION PRESENTED A fundamental element of just compensation is “certain payment of the compensation without unreasonable delay.” Bragg v. Weaver, 251 U.S. 57, 62 (1919). In 20138, the Sewerage & Water Board of New Orleans inversely condemned the properties of 70 home and business owners for a flood control project. The property owners obtained state court judgments starting in 2018. Louisiana law prohibits enforcement of judgments against state and local governments— even just compensation judgments—which go unpaid unless government voluntarily appropriates the funds. The Sewerage Board has refused to do so, in some cases for years. The question presented is: May the government, consistent with the Fifth and Fourteenth Amendments’ self-executing command of Just Compensation for takings of private property, indefinitely delay paying just compensation?

Docket Entries

2022-10-17
Petition DENIED.
2022-09-28
DISTRIBUTED for Conference of 10/14/2022.
2022-09-22
Reply of petitioners Ariyan, Incorporated, dba Discount Corner, et al. filed.
2022-09-08
2022-09-08
Brief of respondents Sewerage & Water Board of New Orleans, et al. in opposition filed.
2022-08-18
2022-08-17
2022-08-09
Response Requested. (Due September 8, 2022)
2022-08-08
2022-08-04
Supplemental brief of petitioners Ariyan, Incorporated, dba Discount Corner, et al. filed. (Distributed)
2022-07-27
DISTRIBUTED for Conference of 9/28/2022.
2022-07-22
2022-07-21
Waiver of right of respondent Sewerage & Water Board of New Orleans, et al. to respond filed.
2022-07-20
Blanket Consent filed by Petitioner, Ariyan, Incorporated, dba Discount Corner, et al.
2022-07-18

Attorneys

Ariyan, Incorporated, dba Discount Corner, et al.
Robert H. ThomasPacific Legal Foundation, Petitioner
Robert H. ThomasPacific Legal Foundation, Petitioner
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Institute for Justice
Jeffrey Hallett RedfernInstitute for Justice, Amicus
Jeffrey Hallett RedfernInstitute for Justice, Amicus
Owners' Counsel of America
Mark M. MurakamiDamon Key Leong Kupchak Hastert, Amicus
Mark M. MurakamiDamon Key Leong Kupchak Hastert, Amicus
Reason Foundation, Southeastern Legal Foundation, National Association of Reversionary Property Owners, and Professor James W. Ely, Jr.
Stephen Sharp DavisTrue North Law LLC, Amicus
Stephen Sharp DavisTrue North Law LLC, Amicus
Sewerage & Water Board of New Orleans, et al.
Alex Benjamin RothenbergGordon, Arata, Montgomery, Barnett, Respondent
Alex Benjamin RothenbergGordon, Arata, Montgomery, Barnett, Respondent
The Buckeye Institute
Michael M. BergerManatt, Phelps & Phillips, LLP, Amicus
Michael M. BergerManatt, Phelps & Phillips, LLP, Amicus