No. 24-486

William B. Walton, et al. v. Neskowin Regional Sanitary Authority

Lower Court: Oregon
Docketed: 2024-10-30
Status: Denied
Type: Paid
Response Waived
Tags: fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause
Key Terms:
AdministrativeLaw Takings FifthAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run before the government refuses to provide just compensation

Question Presented (OCR Extract)

QUESTION PRESENTED In the mid-1990s the Neskowin Regional Sanitary Authority (Sanitary Authority) and the Walton Family entered into a purported agreement that allowed the Sanitary Authority to bury a sewer line on the Walton’s property in exchange for a free sewer hook-up when : needed. The sewer line was then installed and remained : on the Walton’s property for years without incident. In 2015, however, the Sanitary Authority required the Walton Family to officially hook-up to its sewer system. The Walton Family sought their free hook-up, which the Sanitary Authority summarily refused. The Waltons filed a state takings lawsuit, claiming the Sanitary : Authority’s refusal to grant their free hook-up, while ; maintaining a physical sewer line on their property effected an unconstitutional taking without , compensation. The state circuit court dismissed the Walton's takings claim under. Oregon’s. statute of limitations, stating the Waltons should have brought their takings claim back when the Sanitary Authority first installed its sewer line. The Oregon appellate and supreme court affirmed. : The question presented is: Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run before the government refuses to provide just ; compensation. i

Docket Entries

2025-01-27
Petition DENIED.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2024-12-23
Waiver of Neskowin Regional Sanitary Authority of right to respond submitted.
2024-12-23
Waiver of right of respondent Neskowin Regional Sanitary Authority to respond filed.
2024-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2024. See Rule 30.1.
2024-11-08
Motion of Neskowin Regional Sanitary Authority for an extension of time submitted.
2024-11-08
Motion to extend the time to file a response from November 29, 2024 to December 29, 2024, submitted to The Clerk.
2024-10-16
Petition for a writ of certiorari filed. (Response due November 29, 2024)
2024-07-18
Application (24A58) granted by Justice Kagan extending the time to file until October 18, 2024.
2024-07-15
Application (24A58) to extend the time to file a petition for a writ of certiorari from August 21, 2024 to October 18, 2024, submitted to Justice Kagan.

Attorneys

Neskowin Regional Sanitary Authority
Christopher Thomas GriffithHaglund Kelley LLP, Respondent
Christopher Thomas GriffithHaglund Kelley LLP, Respondent
William Walton
James J. Walton — Petitioner
James J. Walton — Petitioner
William B. Walton — Petitioner