Whether a property owner's as-applied regulatory takings claim is ripe for federal court review when a local zoning board has not issued a final decision on the owner's variance request, and whether requiring further applications to the municipality would be futile

No question identified. : To the Honorable Ketanji Brown Jackson, Justice of the Supreme Court of the United States and Circuit Justice for the First Circuit: Pursuant to Supreme Court Rule 13.5, Petitioner Matthew Haney, as trustee of the Gooseberry Island Trust, respectfully requests an extension of time of 56 days to file his Petition for Writ of Certiorari in this Court, up to and including October 31, 2023. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Haney v. Town of Mashpee, No. 221446 (June 6, 2023) (opinion attached as Exhibit 1). Mr. Haney did not seek rehearing. A Petition for Writ of Certiorari is presently due on September 5, 2023. This application for an extension of time is filed more than ten days prior to that date. JURISDICTION This takings case arises under the Fifth Amendment and 42 U.S.C. § 1983. The federal district court had jurisdiction under 28 U.S.C. §§ 1331, 1343, but dismissed the case as unripe. The First Circuit affirmed. Specifically, this case asks when a government’s decision regarding proposed land use is a final decision such that an as-applied regulatory takings claim is ripe for litigation in federal court. This Court has jurisdiction under 28 U.S.C. § 1254(1). REASONS FOR GRANTING EXTENSION OF TIME Good cause exists for the requested extension. Petitioner’s undersigned Counsel of Record did not represent Petitioner in this case in the district court or court of appeals and thus requires sufficient time to become fully conversant with the relevant legal issues and record. In addition to this case, Counsel of Record has several matters with upcoming deadlines in district courts, California superior courts, and California courts of appeal, and additional members of Petitioner’s litigation team are preparing petitions for writs of certiorari due in this Court within the next two months as well as supplemental briefs in the Nebraska Supreme Court in response to this Court’s GVRs in Fair v. Continental Resources (22-160) and Nieveen v. TAX 106 (22-237). This is Petitioner’s first request for an extension of time. CONCLUSION For the foregoing reasons, Petitioner requests that this Court grant an extension of 56 days, up to and including October 31, 2023, within which to file a petition for writ of certiorari. DATED: July 28, 2023. le submitted, ] 7) lak Hg of Record Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, California 95814 Telephone: (916) 419-7111 Facsimile: (916) 419-7747 Counsel for Petitioner CERTIFICATE OF SERVICE A copy of this application was served via email and U.S. mail to counsel listed below in accordance with Supreme Court Rules 22.2 and 29.3: Douglas I. Louison Joseph Adam Padolsky Louison Costello Condon & Pfaff LLP 10 Post Office Square, Suite 1330 Boston, MA 02109 Telephone: (617) 439-0305 Attorneys for Respondents Town of Mashpee, et al. DATED: July 28, 2023. TALCOTT Counsel of Record Pacific Legal Foundation 555 Capitol Mall, Suite 1290 Sacramento, California 95814 Telephone: (916) 419-7111 Facsimile: (916) 419-7747 Gadel Counsel for Petitioner Exhibit 1 United States Court of Appeals For the First Circuit No. 22-1446 MATTHEW HANEY, as Trustee of the Gooseberry Island Trust, Plaintiff, Appellant, v. TOWN OF MASHPEE; MASHPEE ZONING BOARD OF APPEALS; JONATHAN FURBUSH; WILLIAM A. BLAISEDELL; SCOTT GOLDSTEIN; NORMAN J. GOULD; BRADFORD H. PITTSLEY; SHARON SANGELEER, as they are members of the Zoning Board of Appeals of the Town of Mashpee, Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS {Hon. Judith G. Dein, U.S. Magistrate Judge] Before Barron, Chief Judge, Howard and Montecalvo, Circuit Judges. Paul Revere, III, for appellant. Joseph A. Padolsky, with whom Louison, Costello, Condon & Pfaff, LLP was on brief, for appellees. June 6, 2023 MONTECALVO, Circuit Judge. Matthew Haney ("Haney"), as the Trustee of the Gooseberry Island Trust ("Trust"), brought a complain