No. 22-673

Robert G. Hicks v. City of Hopkinsville, Sewerage and Water Works Commission, dba Hopkinsville Water Environment Authority

Lower Court: Kentucky
Docketed: 2023-01-20
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment default-judgment due-process eminent-domain jurisdictional-statute non-residents service-of-process supremacy-clause
Latest Conference: 2023-02-17
Question Presented (from Petition)

In an eminent domain proceeding in state court involving non-residents, does a failure to cite in any pleadings preceding essentially a default judgment (or in that judgment itself ) the statute establishing jurisdiction and the statute or civil rule establishing the le-gal authority for service of process undertaken and a failure to demonstrate in the court file any actual service on either respondent or any reasonable rationale for actual service of process not being made, cause that judgment to fail to comply with the Due Process Clause under the 14th Amendment, Section 1, of the U. S. Constitution?

Does depublication by a state's highest court of one of its intermediate court's clearly erroneous opinions (which included an express refusal to address U. S. Constitutional law issues as being "moot") with-out granting requested discretionary review, deny an adversely impacted party to the litigation Due Process, and protection of the Supremacy Clause (Article VI, Paragraph 2) and/or Equal Protection of the law under the 14th Amendment, Section 1, of the U. S. Constitution?

Question Presented (AI Summary)

Does a failure to cite jurisdiction and service of process statutes in a default judgment violate due process?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-24
Waiver of right of respondent City of Hopkinsville Sewerage and Water Works Commission d/b/a Hopkinsville Water Environment Authority to respond filed.
2023-01-09
Petition for a writ of certiorari filed. (Response due February 21, 2023)

Attorneys

City of Hopkinsville Sewerage and Water Works Commission d/b/a Hopkinsville Water Environment Authority
Jeremy S. RogersDinsmore and Shohl LLP, Respondent
Robert G. Hicks, Individually
Robert George HicksRobert G. Hicks, Petitioner