No. 23-1153

Cesar Romero, et al. v. Li-Chuan Shih, et al.

Lower Court: California
Docketed: 2024-04-23
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 14th-amendment 5th-amendment constitutional-law due-process eminent-domain land-use private-property property-rights takings takings-clause
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (from Petition)

1. Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy the owners' land without compensation either effects a taking in violation of the Fifth Amendment to the U.S. Constitution or violates the landowners' due process rights under the Fourteenth Amendment to the U.S. Constitution?

2. Whether the newly decreed judicial doctrine of "implied exclusive easement," which excludes Landowners from their real property and appropriates (without compensation) a right to permanently physically invade and occupy Landowners' property for the enjoyment of third parties either effects a per se taking in violation of the Fifth Amendment to the U.S. Constitution or violates Landowners' due process rights under the Fourteenth Amendment to the U.S. Constitution?

Question Presented (AI Summary)

Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy the owners' land without compensation either effects a taking in violation of the Fifth Amendment to the U.S. Constitution or violates the landowners' due process rights under the Fourteenth Amendment to the U.S. Constitution?

Docket Entries

2024-10-07
Petition DENIED.
2024-09-24
2024-07-10
DISTRIBUTED for Conference of 9/30/2024.
2024-06-21
Brief of Li-Chuan Shih, et al. in opposition submitted.
2024-06-21
2024-05-22
Response Requested. (Due June 21, 2024)
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-08
Waiver of right of respondent Li-Chuan Shih, et al. to respond filed.
2024-04-19
Petition for a writ of certiorari filed. (Response due May 23, 2024)

Attorneys

Cesar Romero, et al.
D. Kent SafrietHoltzman Vogel Baran Torchinsky & Josefiak, Petitioner
Li-Chuan Shih, et al.
Janet Elizabeth HumphreySongstad Randall Coffee & Humphrey LLP, Respondent