Whether the Takings Clause of the Fifth Amendment permits a plaintiff to pursue a property rights claim after the Supreme Court's modification of the ripeness doctrine in Williamson County

No question identified. : To the Honorable Clarence E. Thomas, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Eleventh Circuit: Pursuant to Supreme Court Rule 13.5, Petitioners Richard E. Warner and John E. Parente, Co-Personal Representatives of the Estate of Joseph Ardolino II, respectfully request a 45-day extension of time, to and including October 10, 2025, within which to file a petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Eleventh Circuit. Petitioners attempted to confer on August 14, 2025, but Respondent has not had time to respond. It is assumed that it will oppose this request. We will inform the Court when we received Respondent’s position. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Richard E. Warner and John E. Parente, Co-Personal Representatives of the Estate of Joseph Ardolino II v. the City of Marathon, Florida, No. 24-10901 (11th Cir. May 27, 2025) (attached as Exhibit 1). Absent an extension, the petition for a writ of certiorari would be due on August 25, 2025. This application is being filed more than ten days before this current due date. See Sup. Ct. R. 13.5. JURISDICTION This Court has jurisdiction under 28 U.S.C. § 1254(1), as the petition seeks review of a judgment rendered by the United States Court of Appeals for the US Eleventh Circuit. REASONS FOR GRANTING EXTENSION Good cause exists for the requested extension. Petitioners’ co-Trial Counsel, Margaret A. Broz, Esq., died on August 5, 2025. Undersigned counsel is representing her Estate. Petitioners’ Counsel of Record, Richard E. Warner, Esq., was not directly involved in the litigation below and has only been recently retained to prepare a petition for certiorari. The requested extension will allow Mr. Warner more time to review the record in this case and to be admitted to this Court (rather than appearing pro se). In addition, Mr. Warner-—a solo practitioner--has had and will have to devote significant time to other litigation and probate matters. This is Petitioners’ first request for an extension. No unfair prejudice will result from granting the requested extension, and the additional time will allow counsel to prepare a thorough (and more-concise) petition. CONCLUSION For the foregoing reasons, Petitioners respectfully request that this Court grant a 45-day extension of time, up to and including October 10, 2025, within which to file a petition for a writ of certiorari. DATED: August 14, 2025 Respectfully submitted, /s/ John P Fenner, Esq. John P. Fenner, Esq., Trial Counsel Counsel for Petitioners 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: DATED: August 14, 2025 /s/ John P Fenner, Esq. John P. Fenner, Esq., Trial Counsel Counsel for Petitioners 302 Lakeside Court Sunrise FL 33326 561-306-7711 jfennerlaw@att.net SERVICE LIST: --Jeffrey L. Hochman, Esq., hochman@jambg.com & ericksen@jambg.com --Hudson Carter Gill, Esq. hgill@jambg.com & blanca@jambg.com Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd. Fort Lauderdale FL 33304 Phone: 954-463-0100 Attorneys for Respondent City of Marathon USCA11 Case: 24-10901 Document: 70-1 Date Filed: 05/27/2025 Page: 1 of 17 [DO NOT PUBLISH] In the United States Court of Appeals Hor the Eleventh Circuit No. 24-10901 RICHARD E. WARNER, as Co-Personal Representatives of the Estate of Joseph Ardolino II, JOHN W. PARENTE, as Co-Personal Representatives of the Estate of Joseph Ardolino II, JOSEPH E. ARDOLINO, individually, versus CITY OF MARATHON, a political subdivision of the State of Florida, MICHAEL CINQUE, individually and as a City of Marathon Official, RALPH LUCIGNANO, USCA11 Case: 24-10901 Document: 70-1 Date Filed: 05/27/2025 Page: 2 of 17 2 Opinion of the Court 24-10901 individually and as a City of Marathon Official, T