No. 18-5941

Robert Earl Tippens, Jr. v. Virginia

Lower Court: Virginia
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process fifth-amendment free-speech just-compensation property-rights regulatory-takings standing takings takings-clause
Key Terms:
AdministrativeLaw
Latest Conference: 2018-10-12
Question Presented (from Petition)

1. Was it improper for trial court to amend the offense found by the grand jury contrary to Petitioner's criminal intent that had the effect of amending the offense charged by the grand jury?

2. Did the state court err in holding that negligence challenge is untimely under Va. Code Section 8.01-428(c)(5)?

Question Presented (AI Summary)

Whether the Takings Clause of the Fifth Amendment prohibits the government from requiring a property owner to dedicate a portion of their private property for public use without just compensation, even when the proposed use would not substantially advance legitimate state interests or deny the owner economically viable use of the property

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-24
Waiver of right of respondent Virginia to respond filed.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Robert Earl Tippens, Jr.
Robert E. Tippens Jr. — Petitioner
Virginia
Toby Jay HeytensOffice of the Attorney General, Respondent