No. 24-778

Billie Smith, et al. v. Tara Medina, et al.

Lower Court: Tenth Circuit
Docketed: 2025-01-23
Status: Denied
Type: Paid
Tags: constitutional-conditions judicial-review permit-requirements property-rights state-sovereignty tenth-amendment
Latest Conference: 2025-03-28
Question Presented (from Petition)

1. Whether the Federal Judges violate the Tenth Amendment by obliterating, rewriting, and changing the meaning of Colorado law removing from the text of 25-10-106 the OWTS Permit requirements without any finding that the Colorado law violates the US Constitution, Federal Law, or the Supremacy Clause.

2. Whether Smiths have a constitutionally protected property interest in the OWTS Permit and need not comply with illegal or unconstitutional conditions in order to have a property interest in the permit;

3. Whether Unconstitutional Conditions imposed on Smiths ' land use or receipt of permits include: intentionally or recklessly causing injury through the misuse or abuse of power; bad faith violations of State Law; or unlegislated or judicial decrees that Smiths must violate Colorado Law and surrender protections in this law or else have their fundamental constitutional rights to legally use their land or rights to receive legitimate county permits Smiths are due taken;

Question Presented (AI Summary)

Whether federal judges violate the Tenth Amendment by obliterating Colorado law without finding it unconstitutional

Docket Entries

2025-03-31
Petition DENIED.
2025-03-12
DISTRIBUTED for Conference of 3/28/2025.
2025-02-24
Brief of Tara Medina and Colleen Romero in opposition submitted.
2025-02-24
2025-01-08
Petition for a writ of certiorari filed. (Response due February 24, 2025)

Attorneys

Billie Smith, et al.
Billie Smith — Petitioner
Tara Medina and Colleen Romero
Bernard WoessnerNathan Dumm & Mayer P.C., Respondent