No. 24-1276

California Association for the Preservation of Gamefowl v. Stanislaus County, California

Lower Court: Ninth Circuit
Docketed: 2025-06-16
Status: Denied
Type: Paid
Tags: constitutional-challenge due-process facial-challenge property-rights regulatory-taking statute-of-limitations
Key Terms:
AdministrativeLaw DueProcess Takings
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a statute of limitations for facial constitutional challenges begins to run solely from the date of enactment, or whether each day of continued enforcement creates new injuries that refresh the limitations period

Question Presented (OCR Extract)

1. Whether a statute of limitations for facial constitutional challenges begins to run solely from the date of enactment, or whether each day of continued enforcement creates new injuries that refresh the limitations period. 2. Whether an ordinance that entirely eliminates non-commercial ownership of a category of property while exempting commercial owners constitutes a per se regulatory taking requiring just compensation under the Fifth Amendment. 3. Whether legislation targeting noncommercial property owners for disparate treatment without evidence of greater harm constitutes arbitrary action violating substantive due process. 4. Whether retroactively eliminating existing property rights without compensation or individualized process constitutes an unconstitutional bill of attainder.

Docket Entries

2025-10-06
Petition DENIED.
2025-09-03
DISTRIBUTED for Conference of 9/29/2025.
2025-08-15
Brief of Stanislaus County, CA in opposition submitted.
2025-08-15
Brief of respondent Stanislaus County, CA in opposition filed.
2025-08-15
Brief of respondent Stanislaus County, California in opposition filed.
2025-07-10
Motion to extend the time to file a response is granted in part and the time is extended to and including August 18, 2025.
2025-07-07
Motion of Stanislaus County, CA for an extension of time submitted.
2025-07-07
Motion to extend the time to file a response from July 16, 2025 to August 30, 2025, submitted to The Clerk.
2025-06-05
Petition for a writ of certiorari filed. (Response due July 16, 2025)
2025-04-15
Application (24A985) granted by Justice Kagan extending the time to file until June 5, 2025.
2025-04-07
Application (24A985) to extend the time to file a petition for a writ of certiorari from April 6, 2025 to June 5, 2025, submitted to Justice Kagan.

Attorneys

California Association for the Preservation of Gamefowl
Kevin G. Little — Petitioner
Kevin G. Little — Petitioner
County of Stanislaus
John Robert WhitefleetPorter Scott, Respondent
Stanislaus County, CA
John Robert WhitefleetPorter Scott, Respondent
John Robert WhitefleetPorter Scott, Respondent