No. 21-542

Michael Zito, et ux. v. North Carolina Coastal Resources Commission

Lower Court: Fourth Circuit
Docketed: 2021-10-13
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment due-process federal-claims federal-takings-claims fourteenth-amendment just-compensation just-compensation-clause sovereign-immunity state-immunity state-sovereign-immunity takings takings-clause
Latest Conference: 2021-11-05
Question Presented (from Petition)

Whether the Fourteenth Amendment's incorporation of the "self-executing" Just Compensation Clause abrogates state sovereign immunity from federal takings claims?

Question Presented (AI Summary)

Whether the Fourteenth Amendment's incorporation of the 'self-executing' Just Compensation Clause abrogates state sovereign immunity from federal takings claims?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-18
Waiver of right of respondent North Carolina Coastal Resources Commission to respond filed.
2021-10-08
Petition for a writ of certiorari filed. (Response due November 12, 2021)

Attorneys

Michael Zito, et al.
J. David BreemerPacific Legal Foundation, Petitioner
North Carolina Coastal Resources Commission
Ryan Young ParkNorth Carolina Department of Justice, Respondent