No. 25-1276October Term 2025Dismissed
Richard E. Warner, as Co-Personal Representative of the Estate of Joseph Ardolino, II v. City of Marathon, Florida
from the United States Court of Appeals for the Eleventh Circuit.
Case status
- Current stage
- Dismissed
- Latest event
- Dismissed
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Eleventh Circuit.
Question presented
1. Did the Estate wait too long to return to federal court, when Knick changed the procedure in 2019 for Fifth Amendment/Taking by Regulation cases? 2. Did the Estate still have to exhaust its state appellate remedies, to comply with the 11th Circuit’s 2017 Order?
- Case path
United States Court of Appeals for the Eleventh Circuit / Dismissed
- Area
Dismissed Supreme Court case
Briefing
What it's about
The Estate asks the Supreme Court to review a property-rights case about when it could return to federal court after Knick changed the procedure in 2019 for regulatory takings claims. The justices are also being asked whether the Estate still had to finish state appellate review to comply with a 2017 Eleventh Circuit order.
Argument
No oral argument is scheduled, and no justice has publicly weighed in. At this stage, the Estate argues Knick changed the path back to federal court and says the Court should clarify whether more state appeals were still required.
Impact
The case could affect property owners and local governments in fights over whether a regulation went so far that it amounted to a taking without compensation. For example, it could shape whether an estate or other property owner must keep litigating in state court before trying federal court again.
What is the dispute in Warner v. City of Marathon?
The Estate says Knick changed the rules for bringing a federal regulatory takings claim in 2019. The Court is being asked whether the Estate returned too late and still had to finish state appeals.
Who could be affected by Warner v. City of Marathon?
Property owners, estates, and local governments could all be affected. The answer could change when a person claiming a regulation took property may press the case in federal court.
What happens next in Warner v. City of Marathon?
The justices must decide whether to grant certiorari, meaning whether to hear the case. No oral argument is scheduled yet, and no decision window is listed.
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology



