No. 23-490

Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2023-11-08
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: covid-19 declaratory-judgment eviction-moratoria fifth-amendment just-compensation regulatory-taking standing takings-clause
Key Terms:
AdministrativeLaw Takings DueProcess FifthAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Whether the Ninth Circuit erred in dismissing a challenge to Washington State's COVID-19 eviction moratoria as moot

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Because the Takings Clause of the Fifth Amendment demands just compensation for governmental takings, including temporary ones, did the Ninth Circuit err in dismissing as moot a challenge to Washington State’s COVID-19 eviction moratoria by landowners who suffered great losses by bearing the social burden of providing public housing during the pandemic against their will because those moratoria had ended by the time the case reached the Ninth Circuit on appeal? 2. When a Governor prohibits landowners from evicting non-paying or rule-breaking tenants for many months forcing those landowners to bear the social burden of providing housing during a health pandemic, has the State effected a regulatory taking that demands just compensation under the Takings Clause of the Fifth Amendment? 3. Did the Ninth Circuit depart from the settled precedent of this Court and other Circuits of the Court of Appeals by concluding that the landlords could not enforce the Takings Clause through a declaratory judgment action?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-05
2023-12-01
Brief amicus curiae of Citizen Action Defense Fund filed. (Distributed)
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
Waiver of right of respondent Jay Inslee, et al. to respond filed.
2023-11-06
Petition for a writ of certiorari filed. (Response due December 8, 2023)

Attorneys

Citizen Action Defense Fund
Jackson Wilder Maynard Jr.Citizen Action Defense Fund, Amicus
Jackson Wilder Maynard Jr.Citizen Action Defense Fund, Amicus
Enrique Jevons, et al.
Philip Albert TalmadgeTalmadge/Fitzpatrick, Petitioner
Philip Albert TalmadgeTalmadge/Fitzpatrick, Petitioner
GRE Downtowner LLC
William Christopher PooserStoel Rives LLP, Amicus
William Christopher PooserStoel Rives LLP, Amicus
Jay Inslee, et al.
Peter Benjamin GonickAttorney General of Washington, Respondent
Peter Benjamin GonickAttorney General of Washington, Respondent