Courts
Nollan/Dollan petition rejected
The Supreme Court this morning declined to wade into the waters of Nollan, Dollan and Lingle v. Chevron, denying a petition seeking review of a Ninth Circuit decision issued in April (West Linn Corporate Park, L.L.C. v. City of West Linn, 11-299).
Here’s the order:
The motion of National Association of Home Builders, et al. for leave to file a brief as amici curiae is granted. The motion of Pacific Legal Foundation for leave to file a brief as amicus curiae is granted. The motion of New England Legal Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
And from SCOTUSBlog’s “Petitions to watch | Conference of November 10, 2011″
West Linn Corporate Park, L.L.C. v. City of West Linn
Docket: 11-299
Issue: (1) Whether the “essential nexus” and “rough proportionality” requirements of Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994) apply equally to the exactions of personal property as they do to exactions of real property; and (2) whether the court below misconstrued this Court’s decision in Lingle v. Chevron USA Inc. when it refused to apply the protection of the Fifth Amendment to an exaction of personal property.
Certiorari-stage documents
- Opinion below (9th Cir.)
- Petition for certiorari
- Brief in opposition
- Supplemental brief of petitioner (forthcoming)
- Amicus brief of Pacific Legal Foundation
- Amicus brief of National Association of Home Builders (forthcoming)
- Amicus brief of New England Legal Foundation (forthcoming)
- Petitioner’s reply
More links:
Ninth Circuit judges – Seniority List
Here’s the federal courts’ page with links to all the circuit courts, district courts and bankruptcy courts
