Columbus, OH – On Wednesday, The Buckeye Institute joined Small Property Owners of San Francisco Institute (SPOSFI) and Owners’ Counsel of America (OCA) in filing an amicus brief in Gearing v. Half Moon Bay, calling on the U.S. Supreme Court to hear the case and protect the Gearing’s constitutional right to have their Fifth Amendment takings case heard in federal court as affirmed in Knick v. Township of Scott.
“This case is the most recent illustration of the Ninth Circuit’s intent to divert property rights cases to state courts, a practice that thumbs its nose at the U.S. Supreme Court’s decision in Knick,” said David C. Tryon, director of litigation at The Buckeye Institute. “By ‘abstaining’ from taking the case, the Ninth Circuit has shut the federal courthouse door to property owners, essentially telling them your constitutional rights will not be protected here.”
In its brief, SPOSFI, OCA, and The Buckeye Institute argue that federal courts, in particular the U.S. Ninth Circuit Court of Appeals, have abused the practice of “abstaining”—where a federal court abstains from hearing a case while it works its way through state-level court—as a way to force Fifth Amendment takings cases into state courts. The amici argue that this practice violates the U.S. Supreme Court’s ruling in Knick v. Township of Scott, which clearly overturned the “state-litigation requirement” and stated, “property owners may bring Fifth Amendment claims for compensation as soon as their property has been taken.”
Gearing v. Half Moon Bay is being argued by Pacific Legal Foundation.
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UPDATE: On October 2, 2023, the U.S. Supreme Court denied cert in the case.