No. 18-279

Frank Konarski, dba FGPJ Apartments and Development, et al. v. City of Tucson, Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2018-09-05
Status: Denied
Type: Paid
Tags: civil-rights commerce-clause competitive-restraint due-process fair-housing-act interstate-commerce municipal-action rental-transactions restraint-of-trade standing takings vexatious-litigant
Key Terms:
SocialSecurity Antitrust DueProcess
Latest Conference: 2018-11-09
Question Presented (from Petition)

Whether housing rental businesses are a part of the federally protected domain of interstate commerce.

If such business are per se a part of the federal domain, whether municipal actors, like Respondents—merely because they are local actors—are totally free from federal law to engage in the non-state-sanctioned conduct of restraining housing rental competition by pursuing a self-designated unilateral municipal action that, by design, causes the losses of housing rental transactions of some of such businesses, like Petitioners', in order to have tenants from there move/funneled to other such businesses that are favored, thus enabling the latter businesses, through no action of their own but that of the municipal actors, to have a competitive advantage over the former businesses.

Whether a court's replacement of the content of a moving party's motion for an extreme sanction obligates the court to first provide the alleged offending party, who is subject to the extreme sanction, notice and opportunity to address such content replacement as part of due process before the actual issuance of the extreme sanction.

Question Presented (AI Summary)

Whether housing rental businesses are part of the federally protected domain of interstate commerce

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-18
Reply of petitioners Frank Konarski, et al. filed.
2018-10-04
Brief of respondents City of Tucson, et al. in opposition filed.
2018-05-26
Petition for a writ of certiorari filed. (Response due October 5, 2018)

Attorneys

City of Tucson, et al.
James W. StuehringerWaterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Respondent
Frank Konarski, et al.
Frank J. Konarski — Petitioner