The U.S. Supreme Court was expected to announce today whether it would hear an appeal of the 74 Pinehurst, LLC v. State of New York case. Instead, the high court re-listed the case for its Friday, Oct. 13 conference, with results to be announced on Oct. 16. 

The case, which CAA supported with an amicus brief, challenges provisions of New York City’s rent control and just cause eviction law as a violation of property rights. Its higher-profile companion case, Community Housing Improvement Program v. City of New York, was rejected by the court last week. While the challenge in the 74 Pinehurst case is narrower than in Community Housing Improvement Program, it still presents an opportunity for the high court to set a new tone for property rights nationwide. 

Several factors can lead the court to re-list a case multiple times, as it’s done with 74 Pinehurst. It could be that the court wants to give further consideration as to whether the case is a good “vehicle” for the legal issue presented – i.e., whether the underlying facts of the case make it a bad fit for making precedent. Another possibility is that the court is considering issuing a summary disposition, meaning that the court would issue a decision – such as reversing a lower court’s ruling – without allowing briefing and oral argument at the high court level. Yet another prospect is that there’s disagreement among the justices that is being worked out. Ultimately, there’s no way of knowing why the court has chosen to delay a decision on the 74 Pinehurst case.