No. 25-550

Michael Fernandez, D.D.S., LTD., a Division of Atlantic Dental Care, PLC, et al. v. Stephen C. Brich, P.E., Commissioner of Highways, in His Individual and Official Capacity, et al.

Lower Court: Fourth Circuit
Docketed: 2025-11-05
Status: Denied
Type: Paid
Response Waived
Tags: class-of-one comparator-analysis constitutional-claim equal-protection pleading-standard zoning-law
Latest Conference: 2025-12-12
Question Presented (from Petition)

Is Appellants' non-zoning related equal protection claim based upon a "class-of-one theory" subject to the heightened pleading standard for similarly situated comparators as set forth in SAS Assocs. 1, LLC v. City Council for City of Chesapeake, Virginia, 91 F.4th 715 (4th Cir. 2024), which is applicable only to zoning cases?

Question Presented (AI Summary)

Is Appellants' non-zoning related equal protection claim based upon a 'class-of-one theory' subject to the heightened pleading standard for similarly situated comparators as set forth in SAS Assocs. 1, LLC v. City Council for City of Chesapeake, Virginia?

Docket Entries

2025-12-15
Petition DENIED.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-21
Waiver of Stephen Brich, et al. of right to respond submitted.
2025-11-21
Waiver of right of respondent Stephen Brich, et al. to respond filed.
2025-11-03
Petition for a writ of certiorari filed. (Response due December 5, 2025)

Attorneys

Michael Fernandez, et al.
Norman Allan ThomasNorman A. Thomas, PLLC, Petitioner
Stephen Brich, et al.
Kevin Michael GallagherVirginia Office of the Attorney General, Respondent