Knick v. Township of Scott

Whether the Supreme Court should reassess the rule set forth in Williamson County Regional Planning Commission v. Hamilton Bank which requires property owners to exhaust all state court remedies for land takings claims prior to bringing these claims in federal court.

Petitioner challenges a Township ordinance mandating that all cemeteries be open to the public during daylight hours. The ordinance grants enforcement officers the authority to enter private property to assess the existence and location of cemeteries. Petitioner, the owner of 90 acres of private property, received a citation for violating the ordinance when Respondent identified grave markers on Petitioner’s property. Petitioner first initiated suit in the Lackawanna County Court of Common Pleas where the case was dismissed for procedural issues. Petitioner then filed her takings claim with the United States District Court for the Middle District of Pennsylvania. The district court dismissed the claim, holding that the claim was not ripe for consideration under federal courts, and directing Petitioner to exhaust all state remedies pursuant to the “state litigation” doctrine established in Williamson County Regional Planning Commission v. Hamilton Bank. Petitioner appealed and the Third Circuit affirmed the district court’s holding. On petition for writ of certiorari, Petitioner argues that the Supreme Court should reconsider the “state litigation” doctrine because it hinders a claimant’s access to judicial relief for a takings claim, creates inefficiencies in the judicial process, wastes the resources of all parties, and results in inconsistent application of the rule.