No. 18-1115

Ronald DeCoster v. Waushara County Highway Department, et al.

Lower Court: Seventh Circuit
Docketed: 2019-02-26
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 attorney-fees civil-procedure civil-rights claim-preclusion due-process fair-notice federal-funding fifth-amendment inverse-condemnation res-judicata takings uniform-relocation-assistance ura
Latest Conference: 2019-04-26
Question Presented (from Petition)

I. Are Petitioner's claims under the URA, the
Fifth Amendment and 42 U.S.C. §1983
barred by the doctrine of claim preclusion
and res judicata, despite the fact that
Petitioner never was provided with notice of
his right and an opportunity to request
attorney fees and costs under the URA, and
thus such were never addressed or ruled
upon by the state court?

II. Does Petitioner have a right of action under
42 U.S.C. §1983, to enforce his rights under
the URA and state law mandating its
application, to obtain reasonable attorney
fees and litigation costs, as the prevailing
party in an inverse condemnation case, in a
local government highway project receiving
federal funding, which adversely affected
his property rights?

Question Presented (AI Summary)

Whether petitioner's claims under the URA, the Fifth Amendment, and 42 U.S.C. §1983 are barred by claim preclusion and res judicata despite lack of notice of right to attorney fees under URA

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-27
Waiver of right of respondents Waushara County Highway Department, et al. to respond filed.
2019-02-12
Petition for a writ of certiorari filed. (Response due March 28, 2019)

Attorneys

Ronald DeCoster
Raymond M. Dall'OstoGimbel, Reilly, Guerin & Brown LLP, Petitioner
Waushara County Highway Department, et al.
John M. BruceSchober Schober & Mitchell, S.C., Respondent