It's no secret: along with a lot of our colleagues, we have thought for a long time that the Supreme Court needs to address the "final decision" prong of the Williamson County ripeness test. Ever since four Justices in 2005 concurred in San Remo Hotel to say so, we've been anticipating the case which presents the Court with the vehicle to finally present that issue. There have been a lot of attempts in the interim, but none so far successful (here's the latest, a case asking the Court to overrule Williamson).
Meanwhile, the lower courts have been steadily chipping away (see this decision, for example) at Williamson County, concluding it is a prudential doctrine, that further applications would be futile, that it doesn't apply to facial claims, and similar.
Here's another cert petition, recently filed, that doesn't call for overruling Williamson County outright, but narrowing its application.
Here are the Questions Presented:
1. Whether under Williamson County’s “final decision” requirement, a landowner must re-submit and have denied alternative, economically impracticable development plans to ripen a regulatory taking claim.
2. Whether Williamson County’s “final decision” requirement establishes a per se rule that a landowner must apply for a variance to ripen a regulatory taking claim, even where such variance is not authorized or, if authorized, was found to have been futile to pursue.
Stay tuned, of course. We will bring you the BIO if one has been filed, and the amicus briefs which are in the pipeline.
Petition for a Writ of Certiorari, Beach Group Investments, LLC v. Fla. Dep't of Env. Prot., No. 17-262 (Au...
