No. 24-487

James G. Collins v. Monterey County, California

Lower Court: Ninth Circuit
Docketed: 2024-10-31
Status: Denied
Type: Paid
Tags: economic-deprivation government-regulation lucas-doctrine penn-central-test property-rights regulatory-taking
Key Terms:
AdministrativeLaw SocialSecurity Takings DueProcess FifthAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Does a regulatory taking under Lucas require complete economic deprivation, and how do recent Supreme Court precedents impact the Penn Central takings analysis?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Does a taking analyzed under Lucas v. S.C. Coastal Council! require that the affected property be left with no value even if the regulation in question deprives the property of all economically beneficial uses? Does Palazzolo v. Rhode Island? leave any room for consideration of the landowners’ expectations in a Penn Central* takings analysis? Do the decisions in Loper Bright Enters. v. Raimondo’, Cedar Point Nursery v. Hassid,® Sheetz v. Cnty. of El Dorado’ and Lingle v. Chevron USA, Inc.’, change the way courts should evaluate the “character of governmental action” factor in a Penn Central analysis? 1. 505 U.S. 1003 (1992) 2. 53 U.S. 606 (2001) 3. Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (1978) 4, 144 S.Ct. 2244 (2024) 5. 594 U.S. 139 (2021) 6. 601 U.S. 267 (2024) 7. 544 U.S. 528 (2005) i A LIST OF ALL PARTIES The parties to this proceeding are James Gary Collins, Petitioner, and Monterey County, California, Respondent, both of whom are listed in the caption.

Docket Entries

2025-02-24
Petition DENIED.
2025-01-22
DISTRIBUTED for Conference of 2/21/2025.
2025-01-02
Brief of Monterey County, California in opposition submitted.
2025-01-02
2024-11-26
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2025.
2024-11-22
Motion to extend the time to file a response from December 2, 2024 to January 2, 2025, submitted to The Clerk.
2024-10-28
Petition for a writ of certiorari filed. (Response due December 2, 2024)

Attorneys

County of Monterey
Susan BlitchOffice of the County Counsel, Respondent
James Collins
D. Duane Cook — Petitioner
John Milton SosbeSosbe Law Firm, PLLC, Petitioner
Monterey County, California
Samuel Bruce BeiderwellMonterey County Counsel, Respondent