Kurtz v. Verizon New York (Standing & Ripeness)

Court

United States Supreme Court

NAHB Involvement

Amicus

A number of property owners brought suit against Verizon, claiming that Verizon did not: 1) notify them of their just compensation rights (procedural due process) or 2) pay them just compensation (takings) when Verizon placed cable terminal boxes on their property.

The Second Circuit ruled that Williamson County ripeness rules, which traditionally apply to takings claims, also applied to the procedural due process claim because it arose from the same set of facts as the takings claim.

The plaintiffs filed their cert petition to the Supreme Court in September 2014, and asked NAHB to file an amicus brief providing a practical viewpoint of how the uncertainty of the lower court's decision negatively impacts home builders. NAHB submitted an in-house authored amicus brief on Nov. 17, 2014. The Supreme Court will decide whether or not to hear the case sometime in 2015.

Unfortunately, the Court denied certiorari on Jan. 20, 2015.