No. 20-912

Abigail Ladd, et al. v. Jack Marchbanks

Lower Court: Sixth Circuit
Docketed: 2021-01-08
Status: Denied
Type: Paid
Response Waived
Tags: 11th-amendment civil-procedure civil-rights due-process fifth-amendment inverse-condemnation just-compensation knick-v-township-of-scott mandamus property-rights takings takings-clause
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether Ohio's mandamus scheme provides its citizens with a reasonable, certain, and/or adequate procedure or process sufficient to meet the guarantees enshrined within the Fifth Amendment's takings clause.

2. Whether this Court's Decision in Knick, supra, permits Ohio citizens to maintain a federal cause of action against the State for an uncompensated physical taking.

3. Whether the Eleventh Amendment immunizes the State of Ohio from a federal lawsuit by its own citizens when Ohio law does not provide a legal remedy for a violation of its citizens' Fifth Amendment right to just compensation.

Question Presented (AI Summary)

Whether Ohio's mandamus scheme provides its citizens with a reasonable, certain, and/or adequate procedure or process sufficient to meet the guarantees enshrined within the Fifth Amendment's takings clause

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-08
Waiver of right of respondent Jack Marchbanks to respond filed.
2021-01-04
Petition for a writ of certiorari filed. (Response due February 8, 2021)

Attorneys

Abigail Ladd, et al.
Kathleen Rose HarrisCharles E. Boyk Law Offices, LLC, Petitioner
Jack Marchbanks
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent