Knick's Supplemental Reply Brief: Injury To Property Triggers Right To Come To Federal Court

Here's the final brief for Ms. Knick, replying to the Township's and the Solicitor General's supplemental letter briefs. It's very short, so you should read it yourself. But here's what we think is the highlight: Williamson County is irreconcilable with the traditional view that a Takings Clause claim accrues (and is actionable in federal court) the moment government injures property without securing compensation. The Solicitor General ultimately concurs. SG Suppl. Brief at 6. Williamson County is also irreconcilable with the original understanding of Section 1983 as a law opening federal courts to unconstitutional takings suits, Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 687, 687 n.47 (1978), and with exhaustion of remedies doctrine. Br. at 4.  Ms. Knick's argument focuses — correctly, we think — on Kirby Forest Industries, Inc. v. United States, 467 U.S. 1 (1984), pointing out that "[s]ignificantly,…

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