No. 23A992

David W. Foley, Jr., et ux. v. Orange County, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-05-07
Status: Presumed Complete
Type: A
Tags: constitutional-challenge county-commission equal-protection redistricting representation voting-rights
Key Terms:
DueProcess Takings FifthAmendment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

I. Whether the "due process of law" clause of Amendment XIV gives a local government the burden to secure state judicial approval for its official deprivation of property, such that, absent approval, res judicata is no bar to a due process claim.

II. Whether Federal Rule of Civil Procedure 52(a)(6) and the clear error standard prevent the Eleventh Circuit from replacing the undisputed property interest found at issue by the District Court (sale of toucans) with its own unelaborated de novo finding of a non-property privilege (building permit).

III. Whether the Eleventh Circuit's refusal on rehearing to correct or justify this erroneous replacement denies the "due process of law" guarantee in Amendment V that the United States shall not deprive a property interest (in a §1983 cause of action) without judicial approval of the challenged deprivation (sale of toucans).

Question Presented (AI Summary)

Whether a county board of commissioners' voting procedures and redistricting decisions violate constitutional protections of equal representation and voting rights

Docket Entries

2024-05-08
Application (23A992) granted by Justice Thomas extending the time to file until June 20, 2024.
2024-04-28
Application (23A992) to extend the time to file a petition for a writ of certiorari from May 21, 2024 to July 20, 2024, submitted to Justice Thomas.

Attorneys

David Foley, et ux.
David W. Foley Jr. — Petitioner
Tim Boldig, Mitch Gordon, Tara Gould, Carol Hossfield, Rocco Relvini, Phil Smith
Jessica Christy ConnerDean, Ringers, Morgan & Lawton, P.A., Respondent