No. 23-1103

Sawtooth Mountain Ranch, LLC, et al. v. United States Forest Service, et al.

Lower Court: Ninth Circuit
Docketed: 2024-04-11
Status: Denied
Type: Paid
Amici (3)Response Waived Experienced Counsel
Tags: constitutional-rights declaratory-relief equitable-tolling fifth-amendment just-compensation regulatory-taking statute-of-limitations
Key Terms:
AdministrativeLaw FifthAmendment DueProcess Takings
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioners’ predecessors sold an easement to the United States in order to preserve the land’s environmental character and to permit members of the public to use the easement as a trail. The property was unimproved and the grantors expected it to remain that way. When the property owners learned that the government intended to build a paved road instead, they sued. The trial court held that they waited too long and granted summary judgment to the government. That allowed it to construct a raised and paved roadway across the otherwise pristine landscape. The Ninth Circuit affirmed, in an opinion raising these questions: 1. Whether equitable tolling is available for statutes of limitation, highlighting a conflict between Boechler, P.C. v. Commissioner, 142 S. Ct. 1493, 1500 (2022), holding that such relief is “presumptively” available, and the earlier decisions in United States v. Beggerly, 524 U.S. 38, 49 (1998) and Block v. North Dakota, 461 U.S. 273, 287 (1983), holding that the statute of limitations must be “strictly” applied. 2. Whether the only remedy for a regulatory taking is cash payment, a conclusion of the Ninth Circuit that conflicts with recent decisions of this Court, like Cedar Point Nursery v. Hassid, 1418. Ct. 2063 (2021); Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987); Dolan v. City of Tigard, 512 U.S. 374 (1994); and Lingle v. Chevron U.S.A. Inc., -ii544 U.S. 528 (2005), holding that takings relief is not limited to compensation but can be declaratory or injunctive, depending on the circumstances. 3. Whether a constitutional right can be eliminated by a statute — in this case, whether the “self-executing” just compensation provision of the Fifth Amendment can be eliminated by a statute purporting to impose an artificial time limit in which to sue to enforce that constitutional guarantee.

Docket Entries

2024-08-19
Rehearing DENIED.
2024-07-25
DISTRIBUTED.
2024-07-05
Petition of Sawtooth Mountain Ranch, LLC, Lynn Arnone, and David Boren for rehearing submitted.
2024-07-05
2024-06-10
Petition DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-17
Supplemental brief of petitioners Sawtooth Mountain Ranch, LLC, et al. filed. (Distributed.)
2024-05-13
Waiver of right of respondent Federal Respondents to respond filed.
2024-05-13
2024-05-13
2024-05-13
Brief amicus curiae of Sawtooth Conservation & Recreation Alliance, Inc. filed.
2024-04-09
Petition for a writ of certiorari filed. (Response due May 13, 2024)

Attorneys

Desmond, Nolan, Livaich & Cunningham
Kristen Ditlevsen RenfroDesmond, Nolan, Livaich & Cunningham, Amicus
Federal Respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Pacific Legal Foundation; NFIB Legal Center; Owners' Counsel of America
David Christopher McDonaldPacific Legal Foundation, Amicus
Sawtooth Conservation & Recreation Alliance, Inc.
Albert P. BarkerMarten Law LLP, Amicus
Sawtooth Mountain Ranch, LLC, Lynn Arnone, and David Boren
Michael M. BergerMANATT, PHELPS & PHILLIPS, LLP, Petitioner