Microsoft Word - FINAL 4-1550 Cedar Point CERT PETITION.pdf

# Petition for a Writ of Certiorari

## No.

In the Supreme Court of the United States

CEDAR POINT NURSERY and FOWLER PACKING COMPANY, INC.,

Petitioners,

v.

VICTORIA HASSID, in her official capacity as Chair of the Agricultural Labor Relations Board; et al.,

Respondents.

## ON PETITION FOR WRIT OF CERTIORARI

to the United States Court of Appeals for the Ninth Circuit

## PETITION

## QUESTION PRESENTED

California law compels agricultural businesses to allow labor organizers onto their property three times a day, 120 days each year, without any mechanism for compensation. A divided panel of the Ninth Circuit held that this regulation does not effect a per se physical taking of private property because it does not permit continuous occupation. Does the uncompensated appropriation of an easement limited in time constitute a per se physical taking under the Fifth Amendment?

## PARTIES

Petitioners are: Cedar Point Nursery and Fowler Packing Company, Inc.

Respondents are: Victoria Hassid (substituted for former Chair Genevieve Shiroma), Santiago Avila-Gomez, and Isadore Hall III, in their official capacities as members of the Agricultural Labor Relations Board.

## CORPORATE DISCLOSURE STATEMENT

Cedar Point Nursery and Fowler Packing Company, Inc., have no parent corporations, and no publicly held company owns 10% or more of the stock of either business.

## RELATED PROCEEDINGS

- Cedar Point Nursery v. Gould, No. 1:16-CV-00185-LJO-BAM (E.D. Cal.), 2016 WL 1559271, 2016 WL 3019277, 2016 WL 3549408 (denying preliminary injunction)
- Cedar Point Nursery v. Shiroma, 923 F.3d 524 (9th Cir. 2019), 956 F.3d 1162 (9th Cir. 2020) (appeals from district court decisions)