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Rose Mary Knick v. Township of Scott, Pennsylvania, et al.

Certiorari Granted on March 5, 2018

The date for argument has not yet been set.

  • Amicus Briefs in support of Petitioner or Neither Party are due May 21, 2018.

  • Amicus Briefs in support of Respondents are due July 20, 2018.

Counsel for Petitioner

J. David Breemer

Pacific Legal Foundation 930 G Street

Sacramento, CA 95814

(916) 419-7111

Party name: Rose Mary Knick

Counsel for for Respondent

Teresa Ficken Sachs

Marshall Dennehey Warner Coleman & Goggin

2000 Market Street

Suite 2300

Philadelphia, PA 19103

215-575-2000

tfsachs@mdwcg.com

Party name: Township of Scott, Pennsylvania

Question 1

Whether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985), requiring property owners to exhaust state court remedies to ripen federal takings claims, as suggested by Justices of this Court? See Arrigoni Enterprises, LLC V. Town of Durham, 136 S. Ct. 1409 (2016) (Thomas, J., joined by Kennedy, J., dissenting from denial of certiorari); San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S. 323, 348 (2005) (Rehnquist, C.J., joined by O'Connor, Kennedy, and Thomas, JJ., concurring in judgment).

Question 2

Alternately, whether Williamson County's ripeness doctrine bars review of takings claims asserting that a law causes an unconstitutional taking on its face as the Sixth, Ninth, Tenth and now Third Circuits hold, or whether facial claims are exempt from Williamson County, as the First, Fourth, and Seventh Circuits hold?