| 25-1018 |
Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services |
Ninth Circuit |
2026-02-24 |
Pending |
|
compelled-disclosure first-amendment intermediate-scrutiny regulatory-takings takings-clause trade-secrets |
1. Whether a government reporting requirement is subject to intermediate First Amendment scrutiny, and satisfies such scrutiny, so long as it aims to … |
| 25A932 |
City of Marathon, Florida v. Rodney Shands, et al. |
Florida |
2026-02-23 |
Application |
|
Fifth-Amendment Lucas-test market-value regulatory-taking takings-clause transferred-development-rights |
Whether a taking has occurred under the categorical rule announced in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), even though the r… |
| 25-958 |
George Sheetz v. County of El Dorado, California |
California |
2026-02-11 |
Pending |
Response Waived |
development-exaction impact-fee legislative-process permit-conditions rough-proportionality takings-clause |
El Dorado County conditioned issuance of George Sheetz's residential building permit on a requirement that he pay a $23,420 traffic impact mitigation … |
| 25A896 |
Homewood Associates Inc., et al. v. Unified Government of Athens-Clarke County, Georgia |
Georgia |
2026-02-06 |
Application |
|
constitutional-challenge land-use-restriction municipal-ordinance property-rights regulatory-taking takings-clause |
Question not identified. |
| 25-931 |
BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas |
Arkansas |
2026-02-06 |
Pending |
|
fifth-amendment fourteenth-amendment just-compensation property-rights sovereign-immunity takings-clause |
Does a state's Fifth and Fourteenth Amendment obligation to pay just compensation waive sovereign immunity when it takes private property? |
| 25-856 |
William King, Individually and on Behalf of Others Similarly Situated as a Class, et al. v. United States |
Federal Circuit |
2026-01-20 |
Pending |
Amici (6) |
government-authorization monetary-rights pension-appropriation property-interest takings-clause vested-pension |
In 2014, Congress created a process for solvent, private pension plans to rewrite the binding agreements that govern their obligations to pay money to… |
| 25-6579 |
Robert Keaton v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2026-01-14 |
Denied |
Response WaivedIFP |
appellate-procedure certificate-of-appealability fifth-amendment fourteenth-amendment habeas-corpus takings-clause |
Whether an accused's right under the Due Process Clause of the Fifth and Fourteenth Amendment is offended when a United States Court of Appeals denies… |
| 25A806 |
Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services |
Ninth Circuit |
2026-01-12 |
Application |
|
compelled-speech first-amendment intermediate-scrutiny pharmaceutical-regulation takings-clause trade-secrets |
Question not identified. |
| 25A795 |
Amy Hadley v. City of South Bend, Indiana, et al. |
Seventh Circuit |
2026-01-08 |
Application |
|
fifth-amendment just-compensation law-enforcement police-power property-damage takings-clause |
Question not identified. |
| 25-751 |
Bristol Myers Squibb Company v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-12-23 |
Pending |
Amici (1) |
constitutional-rights drug-pricing first-amendment government-compulsion medicare-negotiation takings-clause |
As part of the Inflation Reduction Act of 2022, Congress created the "Medicare Drug Price Negotiation Program." Under the Program, manufacturers of th… |
| 25-694 |
Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. |
Eleventh Circuit |
2025-12-15 |
Denied |
Response Waived |
judicial-immunity just-compensation permitting-monopoly property-rights res-judicata takings-clause |
1. Whether the Eleventh Circuit's opinion citing res judicata allows the government to overextend and leverage its permitting monopoly to take private… |
| 25-6298 |
Peter Joseph Polinski v. United States |
Federal Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
constitutional-injury federal-claims-court fifth-amendment subject-matter-jurisdiction takings-clause tucker-act |
1. Whether the United States Court of Federal Claims erred in dismissing Polinski v. United States, Case No. 24-1810, for lack of subject matter juris… |
| 25-6299 |
Peter Joseph Polinski v. United States |
Federal Circuit |
2025-12-05 |
Denied |
Response WaivedIFP |
bonded-bill-of-exchange commercial-surety federal-claims state-treasurer takings-clause tucker-act |
1. Whether the United States is liable under the Tucker Act and the Fifth Amendment's Takings Clause when a State Treasurer, acting under federally de… |
| 25A628 |
Operating Engineers Trust Fund of Washington, D.C., et al. v. United States |
Federal Circuit |
2025-12-01 |
Application |
|
fifth-amendment government-program property-interest reinsurance-fund takings-clause trust-requirement |
Question not identified. |
| 25A554 |
BAS, LLC v. Tommy Land, in His Official Capacity as Commissioner of State Lands for the State of Arkansas |
Arkansas |
2025-11-13 |
Application |
|
civil-rights fifth-amendment just-compensation property-rights sovereign-immunity takings-clause |
Question not identified. |
| 25A514 |
Janssen Pharmaceuticals, Inc. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-11-04 |
Application |
|
compelled-speech fifth-amendment first-amendment government-coercion medicare-drug-negotiation takings-clause |
Question not identified. |
| 25A507 |
William King, on Behalf of Himself and on Behalf of a Class of Others Similarly Situated, et al. v. United States |
Federal Circuit |
2025-11-04 |
Application |
|
contractual-right fifth-amendment government-appropriation per-se-taking property-interest takings-clause |
Whether the Federal Circuit's new rule—that there is no per se taking under the Takings Clause when the plaintiff has a property interest in a contrac… |
| 25-539 |
Johnathan H. Dinh, et al. v. United States |
Federal Circuit |
2025-11-03 |
Denied |
Amici (1)Response Waived |
fifth-amendment government-liability just-compensation property-rights takings-clause third-party-taking |
1. Can Congress insulate itself from Fifth Amendment takings liability by creating a separate, third-party entity and authorizing that entity to "inde… |
| 25A459 |
Jeffrey Lance Hill, Sr. v. Leandra G. Johnson, et al. |
Eleventh Circuit |
2025-10-22 |
Presumed Complete |
|
fifth-amendment judicial-taking just-compensation permitting-authority property-rights takings-clause |
Question not identified. |
| 25-487 |
Lynette Hathon, et al. v. Michigan |
Michigan |
2025-10-20 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
fifth-amendment inverse-condemnation just-compensation property-rights state-liability takings-clause |
Whether the Takings Clause of the Fifth Amendment is a self-executing stand-alone claim that permits property owners to sue a State directly for just … |
| 25-451 |
Faytima Howard v. Macomb County, Michigan |
Sixth Circuit |
2025-10-15 |
Rehearing |
Relisted (2) |
constitutional-challenge just-compensation property-rights state-procedure takings-clause tax-foreclosure |
1. Does the government violate the Takings Clause's "categorical duty" to pay just compensation for property taken in excess of the taxes, fees, and p… |
| 25A357 |
Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health and Human Services, et al. |
Second Circuit |
2025-09-29 |
Presumed Complete |
|
compelled-speech fifth-amendment first-amendment medicare-drug-negotiation price-setting takings-clause |
Question not identified. |
| 25-278 |
Jeffrey Lance Hill, Sr. v. Suwannee River Water Management District |
Florida |
2025-09-10 |
Denied |
Response Waived |
administrative-law due-process eminent-domain government-overreach property-rights takings-clause |
1. Whether the government overextended and leveraged their permitting monopoly to take private property in violation the Takings Clause: and
2. Wheth… |
| 25-266 |
City of Fresno, California, et al. v. United States, et al. |
Federal Circuit |
2025-09-09 |
Denied |
Amici (1)Response Waived |
drought-impact fifth-amendment property-rights reclamation-act takings-clause water-rights |
1. Whether in accordance with Section 8 of the Reclamation Act, 28 U.S.C. § 372, the beneficial users of Reclamation Project irrigation water have com… |
| 25-265 |
Alexander Gallo v. District of Columbia |
District of Columbia |
2025-09-09 |
Denied |
Response Waived |
contracts-clause eviction-moratorium lucas-test penn-central-test property-rights takings-clause |
1. Whether an eviction moratorium is a physical taking or appropriation of property?
2. Whether Petitioner's challenge to the District's eviction mor… |
| 25A228 |
United States v. Darby Development Company, Inc., et al. |
Federal Circuit |
2025-08-28 |
Presumed Complete |
|
administrative-agency fifth-amendment government-action regulatory-taking statutory-authority takings-clause |
Question not identified. |
| 25-224 |
Bernard Gelb v. Preston Niblack, Individually and as Commissioner of the New York City Department of Finance, et al. |
Second Circuit |
2025-08-26 |
Denied |
|
due-process fourteenth-amendment notice-requirement property-rights takings-clause unclaimed-funds |
Did the Respondents taking $500 million dollars without sending any notice to the Owners violate the Due Process Clause of the of the Fourteenth Amend… |
| 25-203 |
Johanna McGee, as Personal Representative of the Estate of Jacqueline McGee, et al. v. Alger County Treasurer, et al. |
Michigan |
2025-08-19 |
Rehearing |
Amici (4)Response RequestedResponse WaivedRelisted (4) |
claims-process due-process government-taking just-compensation property-rights takings-clause |
When government takes and sells private property to collect a tax debt, it must return the surplus proceeds from the sale to the former property owner… |
| 25-198 |
Virginia Duncan, et al. v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2025-08-19 |
Pending |
Amici (6)Relisted (8) |
ammunition-ban common-use firearms-regulation property-rights second-amendment takings-clause |
1. Whether a ban on the possession of exceedingly common ammunition feeding devices violates the Second Amendment.
2. Whether a law dispossessing cit… |
| 25A193 |
Richard E. Warner, as Co-Personal Representatives of the
Estate of Joseph Ardolino, II, et al. v. City of Marathon, Florida, et al. |
Eleventh Circuit |
2025-08-18 |
Presumed Complete |
|
fifth-amendment property-rights ripeness-doctrine supreme-court-precedent takings-clause williamson-county |
Question not identified. |
| 25-155 |
Gennady Y. Paremsky v. Ingham County, Michigan, et al. |
Michigan |
2025-08-08 |
Denied |
Response Waived |
compensation-rights constitutional-violations contract-impairment due-process equal-protection takings-clause |
I. Did Michigan Ingham County and its officials Greta Wu, Kim Coleman, Bruce Bragg, Leslie M. Shanlian, Jennifer Mack violate U.S. Const. amend. V, XI… |
| 25A139 |
Faytima Howard v. Macomb County, Michigan |
Sixth Circuit |
2025-08-04 |
Presumed Complete |
|
fifth-amendment just-compensation property-rights surplus-proceeds takings-clause tax-foreclosure |
Question not identified. |
| 25A133 |
Lynette Hathon, et al. v. Michigan |
Michigan |
2025-08-01 |
Presumed Complete |
|
fifth-amendment just-compensation property-rights sovereign-immunity state-remedies takings-clause |
Question not identified. |
| 25-95 |
Michael Pung, Personal Representative of the Estate of Timothy Scott Pung v. Isabella County, Michigan |
Sixth Circuit |
2025-07-24 |
Granted |
Amici (26) |
excessive-fine fair-market-value fifth-amendment government-seizure property-rights takings-clause |
1. Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Takings Clause of … |
| 25-74 |
Sullivan Equity Partners, LLC, a Delaware Limited Liability Company v. City of Los Angeles, California |
Ninth Circuit |
2025-07-22 |
Denied |
Response Waived |
42-usc-1983 administrative-law due-process england-reservation pullman-abstention takings-clause |
Where a property owner has its building permits revoked by a government agency on false pretenses and in violation of state Due Process law, is that p… |
| 25-68 |
James Thomas Ballard, Individually and as Trustee of the James T. Ballard Millennium Trust, dated January 9, 2002 v. City of West Hollywood, California, et al. |
Ninth Circuit |
2025-07-18 |
Denied |
Response Waived |
amendment-standard covid-19-restrictions due-process municipal-regulation property-rights takings-clause |
1. Whether a municipality may transform temporary
emergency rent restrictions and occupancy mandates
adopted at the start of the COVID-19 pandemic i… |
| 25-41 |
Jan Peters v. Malia M. Cohen, In Her Official Capacity as Chief Fiscal Officer, State Controller of California, and as Trustee of the Unclaimed Property Fund |
Ninth Circuit |
2025-07-11 |
Denied |
Amici (3)Response WaivedRelisted (2) |
constitutional-law due-process fifth-amendment fourteenth-amendment takings-clause unclaimed-property |
1. Whether the Controller's actions under color of the California Unclaimed Property Law, Cal. Civ. Proc. Code §§ 1300, et seq. ("UPL"), violate the D… |
| 24-1315 |
Andy Desty v. Santander Consumer USA, Inc. |
Eleventh Circuit |
2025-06-25 |
Denied |
Response WaivedRelisted (2) |
corporate-powers due-process equal-protection promissory-note takings-clause truth-in-lending |
Whether this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1983, including Fuentes v. Shevin, 40… |
| 24A1140 |
Johanna McGee, as Personal Representative of the Estate of Jacqueline McGee, et al. v. Alger County Treasurer, et al. |
Michigan |
2025-05-23 |
Presumed Complete |
|
due-process notice-requirements property-rights surplus-proceeds takings-clause tax-foreclosure |
Question not identified. |
| 24-1178 |
U.S. Bank National Association, as Trustee for the RMAC Trust, Series 2016-CTT v. Cassandra Fox |
New York |
2025-05-19 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
constitutional-law due-process mortgage-foreclosure property-rights retroactive-legislation takings-clause |
CPLR 205-a(a) retroactively renders untimely a large category of mortgage foreclosure claims that, under preexisting law, were timely and valid, and e… |
| 24-1115 |
Reuben D. Walker, et al. v. Andrea Lynn Chasteen, as Clerk for the Circuit Court of Will County and as a Representative of All Clerks of the Circuit Courts of All Counties in Illinois, et al. |
Illinois |
2025-04-28 |
Denied |
Response Waived |
constitutional-interpretation judicial-review legislative-deference state-immunity supremacy-clause takings-clause |
In January of 2025, the Illinois Supreme Court in Walker v. Chasteen, 2025 IL 130288, based exclusively on a state immunity statute, held that courts … |
| 24-1095 |
Chelsea Koetter v. Manistee County Treasurer, et al. |
Michigan |
2025-04-21 |
Rehearing |
Amici (1)Response RequestedResponse WaivedRelisted (5) |
constitutional-law due-process government-action just-compensation property-rights takings-clause |
The Manistee County Treasurer foreclosed and sold Chelsea Koetter's home for $106,000 to collect $3,863.40 in taxes, interest, and fees. The Takings C… |
| 24A960 |
U.S. Bank National Association, as Trustee for the RMAC Trust, Series 2016-CTT v. Cassandra Fox |
New York |
2025-04-08 |
Presumed Complete |
|
due-process fifth-amendment fourteenth-amendment mortgage-foreclosure retroactive-legislation takings-clause |
Question not identified. |
| 24-1055 |
William Becker, et al. v. City of Hillsboro, Missouri |
Eighth Circuit |
2025-04-07 |
Denied |
|
appellate-review constitutional-law land-use-regulation property-rights regulatory-taking takings-clause |
1. Whether the Court of Appeals declined to follow this Court's opinion in Yee v. City of Escondido, 503 U.S. 519 (1992) by holding that Petitioners h… |
| 24A921 |
Principle Homecare, LLC, et al. v. James McDonald, Commissioner, New York State Department of Health |
Second Circuit |
2025-03-26 |
Denied |
Amici (1) |
contracts-clause home-healthcare-services just-compensation property-interest rational-basis-review takings-clause |
1. Whether the challenged legislation, called the Consumer Directed Personal Assistance Program Amendment, which permanently extinguishes the contract… |
| 24-987 |
Kingston Kohr, LLC v. City of Irvine, California |
California |
2025-03-14 |
Denied |
Response Waived |
demolition-permit due-process local-government ministerial-duty property-rights takings-clause |
1. Whether owners of property in abatement have due process or property rights to conduct self demolition or whether this authority lies solely with l… |
| 24-858 |
Kari Beeman, et al. v. Muskegon County Treasurer |
Michigan |
2025-02-11 |
Rehearing |
Amici (2)Response RequestedResponse WaivedRelisted (6) |
constitutional-law due-process just-compensation property-rights takings-clause tax-foreclosure |
The Muskegon County Treasurer foreclosed and sold homes and land belonging to Petitioners to collect unpaid property taxes. The County sold each prope… |
| 24-6385 |
Baboucar B. Taal v. John Cronin, et al. |
Second Circuit |
2025-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights due-process federal-jurisdiction property-rights state-actor-misconduct takings-clause |
1. Whether victims of a state actor-led conspiracy to sell real property at an
undervalued price —without a forfeiture proceeding, yet proceeds of fra… |
| 24-775 |
Southern California Edison Company, et al. v. Orange County Transportation Authority |
Ninth Circuit |
2025-01-22 |
Denied |
Amici (1)Response Waived |
fifth-amendment government-taking just-compensation public-transit takings-clause utility-relocation |
Whether the Fifth Amendment's Takings Clause guarantees just compensation when the government forces a privately owned utility to relocate its facilit… |
| 24-755 |
Mollie Slaybaugh, et vir v. Rutherford County, Tennessee, et al. |
Sixth Circuit |
2025-01-16 |
Denied |
Amici (1) |
fifth-amendment government-action just-compensation police-power property-rights takings-clause |
"Does a common law privilege to access property categorically absolve the government's duty of just compensation for property it physically destroys?" |
| 24-729 |
Forrest L. Geist v. Kansas State University Foundation, et al. |
Tenth Circuit |
2025-01-13 |
Denied |
Response Waived |
constitutional-rights intellectual-property property-protection safe-harbor sovereign-immunity takings-clause |
Q: May a natural person, whose IP is taken by state gov't w/o payment, seek fair redress under the self-executing Takings Clause if that state's legis… |
| 24A635 |
Liberty Petroleum Corporation v. North Dakota Industrial Commission, et al. |
North Dakota |
2024-12-27 |
Presumed Complete |
|
economic-regulation forced-pooling just-compensation mineral-rights property-transfer takings-clause |
1. This case presents an important question concerning whether a State effects a taking requiring just compensation within the meaning of the Fifth Am… |
| 24-609 |
James L. Martin v. David H. Nixon |
Delaware |
2024-12-04 |
Denied |
|
civil-judgment due-process-clause escheat fifth-amendment fourteenth-amendment takings-clause |
Do the Fifth Amendment Takings Clause and the Fourteenth Amendment Due Process Clause protect a civil judgment creditor, in a state court, from eschea… |
| 24A499 |
Kari Beeman, et al. v. Muskegon County Treasurer |
Michigan |
2024-11-20 |
Presumed Complete |
|
constitutional-taking due-process property-rights surplus-proceeds takings-clause tax-foreclosure |
Question not identified. |
| 24A437 |
Southern California Edison Company, et al. v. Orange County Transportation Authority |
Ninth Circuit |
2024-11-01 |
Presumed Complete |
|
fifth-amendment just-compensation property-rights public-transit takings-clause utility-infrastructure |
1. This case presents an important and recurring question: whether the Fifth Amendment's Takings Clause guarantees just compensation when the governme… |
| 24-486 |
William B. Walton, et al. v. Neskowin Regional Sanitary Authority |
Oregon |
2024-10-30 |
Denied |
Response Waived |
fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause |
Whether a Constitutional Fifth Amendment Takings Claim, based on a physical occupation, fully accrues and the statute of limitations begins to run bef… |
| 24-444 |
Otto L. Haselhoff, Individually and as Trustee v. City of Santa Monica, California |
California |
2024-10-21 |
Denied |
Response Waived |
constitutional-violation due-process judicial-notice notice-requirement property-rights takings-clause |
The City of Santa Monica placed a "historic" designation on a home owned by Petitioner's predecessor without ever providing notice of either the heari… |
| 24-435 |
GHP Management Corporation, et al. v. City of Los Angeles, California, et al. |
Ninth Circuit |
2024-10-17 |
Denied |
Amici (11)Response RequestedResponse WaivedRelisted (14) |
eviction-moratorium just-compensation physical-taking property-rights right-to-exclude takings-clause |
Whether an eviction moratorium depriving property owners of the fundamental right to exclude nonpaying tenants effects a physical taking. |
| 24-278 |
Ryan K. Jones, et ux. v. United States |
Tenth Circuit |
2024-09-11 |
Denied |
Response Waived |
constitutional-authority due-process interstate-commerce iRS-discretion takings-clause tax-collection-powers |
1. Whether this Court should overrule United States v. Thompson, and all of the cases which followed it, which relied on its declaration of inherent (… |
| 24-268 |
Housing First Minnesota v. City of Corcoran, Minnesota, et al. |
Minnesota |
2024-09-10 |
Denied |
Response Waived |
building-permits koontz-doctrine property-rights takings-clause unconstitutional-conditions user-fees |
1. Whether valuation-based building permit fees are exempt from unconstitutional conditions analysis under Koontz v. St. Johns River Water Management … |
| 24-162 |
Jennifer Sykes, et al. v. Office of the California State Controller, et al. |
Ninth Circuit |
2024-08-15 |
Denied |
Response Waived |
fifth-amendment just-compensation public-use takings-clause temporary-taking unclaimed-property |
Does the Ninth Circuit's decision that California's
Unclaimed Property Law does not require the payment of just
compensation for the temporary taking … |
| 24-158 |
Allison Cole-Kelly v. Malia M. Cohen, in Her Official Capacity as State Controller of California, et al. |
Ninth Circuit |
2024-08-14 |
Denied |
Response WaivedRelisted (2) |
due-process just-compensation property-rights sovereign-immunity takings-clause unclaimed-property |
The State of California, pursuant to its unclaimed property laws, regularly seizes possession of owners' unclaimed personal property, holds it in cust… |
| 24-153 |
James W. Tindall v. United States |
Federal Circuit |
2024-08-12 |
Denied |
Response Waived |
constitutional-rights due-process eminent-domain national-security subject-matter-jurisdiction takings-clause |
1.) Whether the lower courts ' orders allowing Respondent
to take, possess and use Petitioner 's property for the
public good without paying compens… |
| 24-5304 |
Angela Goldman Selby v. Denis R. McDonough, Secretary of Veterans Affairs |
Federal Circuit |
2024-08-12 |
Denied |
Response WaivedRelisted (2)IFP |
agent-orange color-of-law due-process fifth-amendment takings-clause veterans-rights |
1. Did the Veteran Affairs act in Color of Law when they created a regulation and applied it
as if it was an order of the District Court consent decr… |
| 24A150 |
GHP Management Corporation, et al. v. City of Los Angeles, California, et al. |
Ninth Circuit |
2024-08-08 |
Presumed Complete |
|
covid-19 eviction-moratorium fifth-amendment municipal-code regulatory-taking takings-clause |
Question not identified. |
| 24-134 |
Lemon Bay Cove, LLC v. United States |
Federal Circuit |
2024-08-06 |
Denied |
Response Waived |
army-corps-of-engineers economic-viability finality just-compensation lucas-doctrine lucas-v-south-carolina permitting property-rights regulatory-takings ripeness takings-clause |
The question presented is whether a regulatory takings claim seeking just compensation under Lucas may be defeated by the mere possibility that a perm… |
| 24-131 |
Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al. v. Rhode Island, et al. |
First Circuit |
2024-08-06 |
Denied |
Amici (4)Relisted (17) |
2nd-amendment ammunition-feeding-devices civil-rights common-use constitutional-protection due-process property-rights retrospective-ban second-amendment takings takings-clause |
This Court has repeatedly underscored that "the Second Amendment protects the possession and use of weapons that are 'in common use at the time.'" N.Y… |
| 24A58 |
William B. Walton, et al. v. Neskowin Regional Sanitary Authority |
Oregon |
2024-07-17 |
Presumed Complete |
|
fifth-amendment just-compensation physical-occupation property-rights statute-of-limitations takings-clause |
Question not identified. |
| 24-5084 |
Terrence E. Gilchrist v. Simone Craig |
Ohio |
2024-07-16 |
Denied |
Response WaivedRelisted (2)IFP |
child-support due-process equal-protection equitable-relief fourteenth-amendment fundamental-rights privileges-and-immunities procedural-protections social-security-act takings-clause turner-v-rogers |
Whether non-adherence to Turner procedural protections, under 45 CFR § 303.6(c)(4-5), violates substantive due process as well as privileges and immun… |
| 24-29 |
PennyMac Loan Services, LLC v. Roosevelt Associates, RIGP, et al. |
Rhode Island |
2024-07-11 |
Denied |
Amici (1)Response Waived |
constitutional-law due-process excess-equity just-compensation municipal-taking private-investors property-rights takings-clause tax-debt tax-sale |
Under Rhode Island's statutory scheme for
collecting delinquent fire district fees and ad valorem
real property taxes , a municipalit y took and conve… |
| 24-21 |
Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al. |
Seventh Circuit |
2024-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
42-u.s.c-1983 42-usc-1983 constitutional-violation federal-conflict just-compensation personal-capacity personal-capacity-suit sovereign-immunity takings-clause |
1. Whether a state's constitutional obligation to pay just compensation when taking property waives its sovereign immunity from a claim seeking damage… |
| 23-1363 |
Vicki Baker v. City of McKinney, Texas |
Fifth Circuit |
2024-07-02 |
Denied |
Amici (5)Relisted (4) |
constitutional-law eminent-domain government-action just-compensation police-power property-rights public-use takings-clause |
When the government acquires private property for a public use, the Takings Clause requires the government to provide the owner with "just compensatio… |
| 23-1301 |
Ben Brinkmann, et al. v. Town of Southold, New York |
Second Circuit |
2024-06-13 |
Denied |
Amici (5)Relisted (3) |
bad-faith bad-faith-taking constitutional-protection pretext property-rights public-use section-1983 state-federal-split takings-clause |
The Second Circuit, in a 2-1 decision over a dissent by Judge Menashi, held that the Public Use Clause does not prohibit taking property when the asse… |
| 23A1085 |
Alexander Cote, et al. v. Office of the California State Controller, et al. |
Ninth Circuit |
2024-06-05 |
Presumed Complete |
|
fifth-amendment just-compensation property-rights public-use takings-clause unclaimed-property |
1. This case presents an important issue regarding the meaning and application of the Takings Clause of the Fifth Amendment of the United States Const… |
| 23-1220 |
Building and Realty Institute of Westchester and Putnam Counties, Inc., et al. v. New York, et al. |
Second Circuit |
2024-05-17 |
Denied |
Response RequestedResponse WaivedRelisted (5) |
contract-clause due-process housing-stability investment-expectations market-value property-rights rent-control takings takings-clause tenant-protection |
Whether the changes made by the Housing Stability and Tenant Protection Act (HSTPA) effect physical takings, and as applied takings, and violate both … |
| 23-7444 |
In Re Carolyn J. Florimonte |
|
2024-05-09 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-violation due-process eminent-domain flooding government-trespass just-compensation property property-rights takings takings-clause |
I. Is twenty-four (24) years, enough time for Petitioner to wait for the
right to control her own Property, which never comes; to wait in despair
for … |
| 23A995 |
Tina Gerlach v. Todd Rokita, Attorney General of Indiana, et al. |
Seventh Circuit |
2024-05-08 |
Presumed Complete |
|
eleventh-amendment individual-capacity just-compensation section-1983 sovereign-immunity takings-clause |
Question not identified. |
| 23-1195 |
Brad Johnson v. PennyMac Loan Services, LLC |
North Carolina |
2024-05-06 |
Denied |
Response Waived |
chevron-doctrine due-process force-placed-insurance property-rights regulatory-interpretation servicer-prohibitions statutory-construction takings-clause |
1. Within the context of its de novo review, in interpreting the regulatory language and meaning of 12 C.F.R. § 1024.37(b) (Basis for charging borrowe… |
| 23-1167 |
Dennis O'Connor v. Rachel Eubanks, et al. |
Sixth Circuit |
2024-04-30 |
Denied |
Amici (2)Relisted (2) |
42-U.S.C.-§-1983 42-usc-1983 constitutional-history constitutional-taking federal-conflict personal-capacity personal-capacity-suit property-rights sovereign-immunity takings-clause |
1. Whether a state's constitutional obligation to
pay just compensation when taking property waives
its sovereign immunity from a claim seeking damage… |
| 23-1153 |
Cesar Romero, et al. v. Li-Chuan Shih, et al. |
California |
2024-04-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
14th-amendment 5th-amendment constitutional-law due-process eminent-domain land-use private-property property-rights takings takings-clause |
1. Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occup… |
| 23-1139 |
John F. Gallagher v. Northampton County Revenue Appeals Board, et al. |
Third Circuit |
2024-04-19 |
Denied |
Response Waived |
14th-amendment 4th-amendment 8th-amendment comity constitutional-claims federal-jurisdiction property-tax subject-matter-jurisdiction takings-clause tax-injunction-act |
Whether original federal subject matter jurisdiction under 28 U.S.C. §1331 is not barred by the Tax Injunction Act or the doctrine of comity with rega… |
| 23-7208 |
Abiy Yifru v. United States |
Federal Circuit |
2024-04-11 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights consular-discretion counsel due-process employment-contract immigration immigration-law property-interest takings takings-clause |
A consular officer issued a visa to an alien, without executing the application under oath as required by statute. Nevertheless, the officer exacted h… |
| 23-7073 |
James L. Miller v. Scott S. Harris, Clerk, Supreme Court of the United States |
Ninth Circuit |
2024-03-26 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law civil-procedure due-process patent-eligibility standing takings-clause |
Question not identified. |
| 23-6898 |
Jose G. Castillo v. Jean Harper, et al. |
Ninth Circuit |
2024-03-05 |
Denied |
IFP |
due-process fifth-amendment jurisdiction land-use-regulation legal-document petition property-rights regulatory-takings scotus takings-clause writ-of-certiorari |
Question not identified. |
| 23A753 |
United States v. Ideker Farms, Inc., et al. |
Federal Circuit |
2024-02-15 |
Presumed Complete |
|
endangered-species fifth-amendment flood-control government-action missouri-river takings-clause |
1. a. This case presents Fifth Amendment takings claims based on flooding on hundreds of properties in the Missouri River's historical floodplains.
b… |
| 23-807 |
El Papel, LLC, et al. v. City of Seattle, Washington, et al. |
Ninth Circuit |
2024-01-25 |
Denied |
Amici (7)Response Waived |
5th-amendment constitutional-law due-process eighth-circuit land-use-regulation ninth-circuit physical-taking property-rights rental-property takings takings-clause |
Whether an ordinance that compels the possession of property by an unwelcome occupant is a categorical physical taking, as the Eighth Circuit held in … |
| 23-6449 |
Robert James Swint v. Dish Network, et al. |
Tenth Circuit |
2024-01-10 |
Denied |
IFP |
civil-procedure constitutional-law fifth-amendment jurisdiction standing takings-clause |
Question not identified. |
| 23-6437 |
In Re Tony Weems |
|
2024-01-08 |
Denied |
Response WaivedIFP |
fifth-amendment just-compensation private-property public-access regulatory-takings takings-clause |
Question not identified. |
| 23A628 |
Gerald Ostipow, Individually and as Personal Representative of the Estate of Royetta L.. Ostipow v. William L. Federspiel |
Sixth Circuit |
2024-01-08 |
Presumed Complete |
|
civil-forfeiture constitutional-rights fifth-amendment property-rights state-law takings-clause |
Question not identified. |
| 23-673 |
In Re Jeffrey Lance Hill, Sr. |
|
2023-12-21 |
Denied |
Response WaivedRelisted (2) |
5th-amendment civil-procedure federal-jurisdiction fifth-amendment property-rights res-judicata rooker-feldman rooker-feldman-doctrine standing takings takings-clause |
1. Whether the United States Court of Appeals for the Eleventh Circuit erred by dismissing Appeal No. 23-12231-D on August 23, 2023, with Appellant's … |
| 23A520 |
Andrew U. D. Straw v. Indiana |
Indiana |
2023-12-07 |
Presumed Complete |
|
attorney-discipline constitutional-rights due-process law-license supreme-court takings-clause |
Whether the mere fact that a state constitution gives the state supreme court exclusive power over attorney discipline means it is impossible to obtai… |
| 23-490 |
Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al. |
Ninth Circuit |
2023-11-08 |
Denied |
Amici (2)Response Waived |
covid-19 declaratory-judgment eviction-moratoria fifth-amendment just-compensation regulatory-taking standing takings-clause |
1. Because the Takings Clause of the Fifth Amendment demands just compensation for governmental takings, including temporary ones, did the Ninth Circu… |
| 23-397 |
Preserve Responsible Shoreline Management, et al. v. City of Bainbridge Island, Washington |
Washington |
2023-10-16 |
Denied |
Amici (1)Response Waived |
civil-rights dolan-v-city-of-tigard due-process land-use-regulation legislative-exactions legislative-taking nexus-test nollan-v-california-coastal-commission property-exaction proportionality-standard takings takings-clause |
To allocate the burden of mitigating regional development impacts, a City of Bainbridge Island ordinance requires shoreline property owners to dedicat… |
| 23-330 |
Ani Creation, Inc., dba Rasta, et al. v. City of Myrtle Beach Board of Zoning Appeals, et al. |
South Carolina |
2023-09-28 |
Denied |
|
amortization board-of-zoning-appeals business-rights civil-rights constitutional-claims due-process penn-central-test takings takings-clause zoning zoning-ordinance |
The City of Myrtle Beach enacted a new zoning Ordinance in 2018 which outlawed the sale of legal consumer goods being sold by Petitioners for the past… |
| 23-296 |
Michael L. Kiser, et al. v. Duke Energy Carolinas, LLC, et al. |
North Carolina |
2023-09-25 |
Denied |
Response WaivedRelisted (2) |
14th-amendment 5th-amendment constitutional-interpretation due-process judicial-takings just-compensation property-rights supreme-court-review takings takings-clause |
1. Is a state supreme court able to "side-step" the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing pre existi… |
| 23-255 |
Cooper D. Johnson v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al. |
California |
2023-09-15 |
Denied |
Relisted (2) |
civil-procedure civil-rights constitutional-law due-process fifth-amendment fourteenth-amendment property-rights takings takings-clause unclaimed-property |
1. Whether the Controller's actions under color of
the California Unclaimed Property Law, Cal. Civ.
Proc. Code §§ 1300, et seq. ("UPL"), violate the D… |
| 23-241 |
Joe Salazar v. AT&T Mobility LLC, et al. |
Federal Circuit |
2023-09-13 |
Denied |
|
claim-construction due-process fifth-amendment investment-backed-expectations judicial-taking patent patent-rights property-rights takings takings-clause |
Where the Federal Circuit Panel's construction of petitioner's patent claim was unforesee able and unjustifiable under the circuit's prior decisions, … |
| 23-195 |
Aaron Hashim, et al. v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al. |
California |
2023-08-31 |
Denied |
Relisted (2) |
14th-amendment 5th-amendment california constitutional-law due-process notice-requirement property-rights takings takings-clause unclaimed-property |
1. Whether the Controller's actions under color of
the California Unclaimed Property Law, Cal. Civ.
Proc. Code §§ 1300, et seq. ("CUPL"), violate the … |
| 23-5446 |
Elizabeth Richert v. Kathleen White Murphy, et al. |
Seventh Circuit |
2023-08-25 |
Denied |
Relisted (2)IFP |
14th-amendment 5th-amendment due-process equal-protection fifth-amendment fourteenth-amendment judicial-proceedings property-rights takings takings-clause |
1. The Fifth Amendment guarantees that private property shall not be taken
for public use without due process, nor shall it be taken for pubhc use wit… |
| 23-5106 |
John B. Freitas v. Superior Court of California, Alameda County, et al. |
California |
2023-07-14 |
Denied |
IFP |
constitutional-protection due-process equity equity-theft fifth-amendment government-action homeowner-rights just-compensation property-rights takings-clause |
1. The conduct of the Justices of the SCOTUS and the judges of the inferior courts merits impeachment and removal for knowingly and intentionally part… |
| 23-12 |
John Kowal v. Ferndale Area School District, et al. |
Third Circuit |
2023-07-05 |
Denied |
|
age-discrimination but-for-causation employee-benefits equal-cost-or-equal-benefit equal-protection medicare-eligibility older-workers-benefit-protection-act takings-clause |
The U.S. Supreme Court, in University of Texas Southwestern Medical Center v. Nassar, (2013) and Gross v. FBL Financial Services, Inc., (2009), inter … |
| 22-7817 |
Garland E. Williams v. United States |
Federal Circuit |
2023-06-20 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process internal-revenue-service jurisdictional-challenge standing statutory-interpretation takings takings-clause tax tax-refund |
1. Whether claimed pursuant 28 U.S.C. § 1491 (a) (1) United States Constitutional Article III, Section 2, Amendment 5, due process of law Takings, wit… |
| 22-1170 |
335-7 LLC, et al. v. City of New York, New York, et al. |
Second Circuit |
2023-06-02 |
Denied |
Relisted (13) |
civil-rights due-process economic-value just-compensation landlord-tenant property-rights regulatory-taking rent-control takings takings-clause |
(1) Does the RSL effect a per se physical taking by expropriating Petitioners' right to exclude?
(2) Does the RSL effect a confiscatory taking by dep… |
| 22-7678 |
Gary E. Peel v. United States |
Seventh Circuit |
2023-06-01 |
Denied |
Response WaivedIFP |
actual-innocence child-pornography due-process ex-post-facto first-amendment ineffective-assistance-of-counsel takings-clause |
1. Whether, contrary to Supreme Court precedent [Ashcroft v Free Speech Coalition, 535 U.S. 234 (2002)], the government can criminalize the possession… |
| 22-1074 |
George Sheetz v. County of El Dorado, California |
California |
2023-05-04 |
Judgment Issued |
Amici (27) |
cedar-point-nursery-v-hassid constitutional-exemption dolan-v-city-of-tigard due-process land-use-regulation legislative-exaction nollan-v-california-coastal-commission pakdel-v-city-and-county-of-san-francisco permit-condition property-rights takings takings-clause |
The question presented is whether a permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan and Dolan simply beca… |
| 22-7445 |
Kalavathi Shunmugam v. Redevelopment Authority of the City of Bethlehem, Pennsylvania |
Pennsylvania |
2023-05-02 |
Denied |
Response WaivedRelisted (2)IFP |
blighted-list breach-of-agreement court-transcript due-process eminent-domain fifth-amendment property-rights racial-discrimination takings takings-clause |
Kalavahi Shunmugam, the Petitioner, request this Petition for Writ of Certiorari be granted because the personnel action violated her constitutional r… |
| 22-1054 |
Robert E. Bennett, et ux. v. City of Kingman, Arizona |
Ninth Circuit |
2023-05-01 |
Denied |
Response Waived |
civil-rights constitutional-interpretation due-process fifth-amendment fourteenth-amendment property-rights regulatory-takings section-1983-claim takings takings-clause vested-rights |
Did the Arizona District Court and the Ninth Circuit Court Err when they Cited Penn Central v. New York City and failed to address Lucas v. South Caro… |
| 22-1048 |
Joseph E. Blackburn, Jr., et ux. v. Dare County, North Carolina, et al. |
Fourth Circuit |
2023-04-28 |
Denied |
Response RequestedRelisted (2) |
5th-amendment civil-procedure constitutional-law due-process eminent-domain fifth-amendment government-regulation property-rights regulatory-takings takings takings-clause |
Whether a governmental regulation prohibiting all physical access to a landowner's property is a "per se" taking under the Fifth Amendment of the Unit… |
| 22-7190 |
Dante R. Voss v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections |
Seventh Circuit |
2023-04-03 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights constitutional-challenge due-process equal-protection legal-loan-policy standing takings takings-clause |
1. WHETHER Voss's COMPLAINT STATES A CLAIM UPON WHICH RELIEF MAY BE GRANTED?
2. WHETHER 28 U.S.C. § 1915(g) IS UNCONSTITUTIONALLY OVERBROAD? |
| 22-913 |
Richard Devillier, et al. v. Texas |
Fifth Circuit |
2023-03-20 |
Judgment Issued |
Amici (13)Response RequestedResponse WaivedRelisted (2) |
federal-circuit-split fifth-amendment just-compensation legislative-authorization property-rights self-executing self-executing-clause state-court-rulings statutory-authorization takings-clause |
May a person whose property is taken without compensation seek redress under the self-executing Takings Clause even if the legislature has not affirma… |
| 22-894 |
Andrew Meisner, Oakland County Treasurer, et al. v. Marion Sinclair |
Sixth Circuit |
2023-03-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-law due-process equitable-title foreclosure municipal-government property-rights property-tax surplus-proceeds takings takings-clause tax-delinquency tax-foreclosure |
Whether foreclosing on a home for the nonpayment of taxes constitutes a violation of the federal Takings Clause whenever the home is worth more than t… |
| 22-874 |
Andrew Meisner, Oakland County Treasurer, et al. v. Tawanda Hall, et al. |
Sixth Circuit |
2023-03-13 |
Denied |
Response Waived |
constitutional-law due-process equitable-title foreclosure municipal-law property-rights surplus-proceeds takings takings-clause tax-delinquency tax-foreclosure |
Whether foreclosing on a home for the nonpayment of taxes constitutes a violation of the federal Takings Clause whenever the home is worth more than t… |
| 22-6860 |
Shavelle Oscar Chavez-Nelson v. Tim Walz, Governor of Minnesota, et al. |
Eighth Circuit |
2023-02-24 |
Denied |
Response WaivedIFP |
5th-amendment due-process eminent-domain property-rights regulatory-takings takings-clause |
Question not identified. |
| 22-760 |
William S. Wilkinson, et al. v. Board of University and School Lands of North Dakota, et al. |
North Dakota |
2023-02-13 |
Denied |
Response Waived |
due-process federalism fifth-amendment just-compensation oil-and-gas oil-and-gas-interests property-rights state-ownership state-sovereignty takings takings-clause |
Whether the North Dakota Supreme Court erred in finding the Fifth Amendment to the United States Constitution does not require just compensation when … |
| 22-6371 |
Michael Jarrow v. Ashly Nunnery |
Fifth Circuit |
2022-12-21 |
Denied |
IFP |
fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause |
Question not identified. |
| 22-493 |
Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al. |
Sixth Circuit |
2022-11-23 |
Denied |
Response Waived |
constitutional-law due-process emergency-powers eminent-domain fifth-amendment government-action necessity police-power property-rights regulatory-takings takings takings-clause |
Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity … |
| 22-438 |
Glow In One Mini Golf, L.L.C., et al. v. Tim Walz, Governor of Minnesota, et al. |
Eighth Circuit |
2022-11-10 |
Denied |
Amici (1)Response Waived |
5th-amendment constitutional-rights covid-19 covid-19-shutdown emergency-powers equal-protection equal-protection-clause fifth-amendment qualified-immunity takings-clause |
1. Whether Minnesota's Governor has qualified immunity against Petitioners' Fifth Amendment Takings Clause claims for ordering the shut-down of their … |
| 22-372 |
Skatemore, Inc., dba Roll Haven Skating Center, et al. v. Gretchen Whitmer, Governor of Michigan, et al. |
Sixth Circuit |
2022-10-20 |
Denied |
Response Waived |
due-process eleventh-amendment fifth-amendment fourteenth-amendment just-compensation sovereign-immunity takings-clause |
Does the Fifth Amendment's requirement of "just compensation," as incorporated by the Fourteenth Amendment, waive Eleventh Amendment Sovereign Immunit… |
| 22-367 |
Financial Oversight and Management Board for Puerto Rico v. Cooperative de Ahorro y Credito Abraham Rosa, et al. |
First Circuit |
2022-10-19 |
Denied |
|
bankruptcy bankruptcy-discharge constitutional-claims equitable-treatment fresh-start just-compensation takings-clause unsecured-claims |
The decision below is the first by a circuit court in history to hold that the Constitution prohibits a category of unsecured claims from being discha… |
| 22-5715 |
Michael J. Tarvin v. United States Court of Appeals for the Fifth Circuit |
Fifth Circuit |
2022-09-29 |
Denied |
IFP |
administrative-law critical-habitat endangered-species-act property-rights standing takings-clause |
IS p*odR> |
| 22-237 |
Sandra K. Nieveen v. TAX 106, et al. |
Nebraska |
2022-09-13 |
GVR |
Amici (2)Response RequestedResponse WaivedRelisted (4) |
due-process eighth-amendment excessive-fines government-seizure just-compensation property-rights takings-clause tax-sale |
Under Nebraska's tax sale scheme, the state stole the full value of Sandra K. Nieveen's home by allowing a private investor to take title after paying… |
| 22-166 |
Geraldine Tyler v. Hennepin County, Minnesota, et al. |
Eighth Circuit |
2022-08-23 |
Judgment Issued |
Amici (44)Response RequestedResponse WaivedRelisted (3) |
civil-forfeiture constitutional-law due-process eighth-amendment excessive-fine excessive-fines government-forfeiture property-rights takings-clause tax-debt |
Hennepin County confiscated 93-year-old Geraldine Tyler's former home as payment for approximately $15,000 in property taxes, penalties, interest, and… |
| 22-160 |
Kevin L. Fair v. Continental Resources, et al. |
Nebraska |
2022-08-22 |
GVR |
Amici (8)Response RequestedResponse WaivedRelisted (4) |
due-process equity-forfeiture excessive-fine excessive-fines government-seizure just-compensation property-rights takings-clause tax-foreclosure |
Kevin and Terry Fair fell behind on their property taxes after medical problems caused severe financial hardship. When they failed to pay $5,200 in ta… |
| 22-100 |
Fairholme Funds, Inc., et al. v. United States, et al. |
Federal Circuit |
2022-08-02 |
Denied |
|
due-process government-taking just-compensation property-rights public-benefit shareholder-rights shareholders-rights standing takings-clause |
1. If the United States causes a company to transfer to the United States for the public benefit private shareholders' rights incident to their owners… |
| 22-98 |
Joseph Cacciapalle v. United States, et al. |
Federal Circuit |
2022-08-02 |
Denied |
|
dividend-appropriation fannie-mae federal-circuit freddie-mac government-taking property-rights shareholder-interests shareholder-rights takings takings-clause |
In September 2008, the Federal Housing Finance Agency ("FHFA") placed Fannie Mae and Freddie Mac into conservatorship, and on behalf of each entity en… |
| 22-97 |
Owl Creek Asia I, L.P., et al. v. United States, et al. |
Federal Circuit |
2022-08-02 |
Denied |
|
collins-v-yellen conservatorship corporate-ownership federal-claims federal-housing-finance-agency government-action net-worth-sweep private-shareholders property-interest shareholders-rights takings takings-clause |
If the United States causes a company to transfer to the United States for the public benefit private shareholders' rights incident to their ownership… |
| 22-48 |
AC Interests, L.P. v. Texas Commission on Environmental Quality |
Texas |
2022-07-19 |
Denied |
Response Waived |
administrative-law civil-rights clean-air-act due-process emission-reduction-credits equitable-tolling mootness takings takings-clause |
1. Should Common Law allow the 60-month deadline for using emission reduction credits to be equitably tolled while a party seeks to establish the righ… |
| 22-25 |
Roy Lynn McCutchen, et al. v. United States |
Federal Circuit |
2022-07-08 |
Denied |
Amici (2) |
agency-authority agency-rulemaking fifth-amendment government-power legislative-delegation legislative-rulemaking personal-property physical-taking property-rights redressability takings-clause |
For purposes of the Fifth Amendment's Taking Clause, does a delegation of general legislative rulemaking authority to an agency constitute an inherent… |
| 21-1603 |
Canada Hockey, L.L.C., dba Epic Sports, et al. v. Texas A&M University Athletic Department, et al. |
Fifth Circuit |
2022-06-29 |
Denied |
|
constitutional-violation copyright-infringement due-process federal-remedies knick-v-township-of-scott state-sovereign-immunity takings takings-clause united-states-v-georgia |
After this Court's decision in Allen v. Cooper, 140 S. Ct. 994 (2020), damages remedies for copyright infringements by state governments depend on eit… |
| 21-7818 |
Kenneth Jay Moore v. Washington |
Washington |
2022-05-10 |
Denied |
IFP |
eminent-domain fifth-amendment just-compensation property-rights public-use takings-clause |
Will this Court ereate a structural reversable error precedent thereby reversing my convictions in favor of a new trial that requires lower Courts and… |
| 21-7810 |
Michael Geoffrey Peters v. Texas Department of Criminal Justice, et al. |
Fifth Circuit |
2022-05-09 |
Denied |
IFP |
due-process fifth-amendment land-use property-rights regulatory-takings takings-clause |
SHOULD THE FIFTH CIRCUIT BE ABLE TO OVERRULE THE NINETH CIRCUIT'S RULING STATING: ("DEPRIVATIONS OF FIRST AMENDMENT RIGHTS DO NOT TRIGGER STRICT SCRUT… |
| 21-1299 |
Nicholas D. Scoyni v. Daniel R. Salvador, et al. |
Ninth Circuit |
2022-03-29 |
Denied |
|
constitutional-rights due-process intellectual-property judicial-recusal procedural-rules recuse service-mark service-marks takings-clause trademarks |
1. Does the district court have the right to adjudicate an intellectual property case without addressing parties' pleas, disregarding legal precedence… |
| 21-1194 |
Virginia Duncan, et al. v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2022-03-02 |
GVR |
Amici (5)Relisted (2) |
2nd-amendment civil-rights due-process magazine-ban property-rights scrutiny-standard second-amendment self-defense standing takings takings-clause |
In District of Columbia v. Heller, this Court held that the Second Amendment protects arms that are "typically possessed by law-abiding citizens for l… |
| 21-1152 |
Michael A. Deem v. Lorna M. DiMella-Deem |
New York |
2022-02-22 |
Denied |
Relisted (2) |
attorney-for-children constitutional-violation court-appointed-attorney court-appointed-counsel custody-dispute due-process free-speech parental-rights takings-clause |
1. DOES APPOINTMENT OF AN ATTORNEY
FOR THE CHILDREN OVER A FIT
FATHER'S OBJECTION VIOLATE HIS
RIGHT TO PARENTAL RELATIONS?
2. DOES COMPELLED SUBSIDIZ… |
| 21-990 |
Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al. |
First Circuit |
2022-01-12 |
Denied |
Response Waived |
5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause |
Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes in the form of a perpetua… |
| 21-808 |
Kimberley Ann Gunnarson, et al. v. Texas |
Texas |
2021-12-01 |
Denied |
Response Waived |
14th-amendment billboard constitutional-law due-process eminent-domain fifth-amendment just-compensation property-code takings takings-clause |
Does Chapter 21 of the Texas Property Code violate the Fifth Amendment to the United States Constitution by failing to require adequate compensation t… |
| 21-809 |
Alexander Gallo v. District of Columbia |
District of Columbia |
2021-12-01 |
Rehearing |
Response WaivedRelisted (2) |
access-to-courts civil-procedure civil-rights contract-clause due-process eviction-moratorium property-rights standing strict-scrutiny takings takings-clause |
In 2020, several states and municipalities imposed uncompensated "eviction ban" moratoria. This petition concerns the District of Columbia's municipal… |
| 21-735 |
Jim Olive Photography, dba Photolive, Inc. v. University of Houston System |
Texas |
2021-11-17 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
cedar-point-nursery copyright-infringement fifth-amendment fourteenth-amendment government-appropriation right-to-exclude takings-clause |
In the decision below, the Supreme Court of Texas rejected the argument that copyright infringement by a government entity appropriates "the right to … |
| 21-542 |
Michael Zito, et ux. v. North Carolina Coastal Resources Commission |
Fourth Circuit |
2021-10-13 |
Denied |
Response Waived |
14th-amendment due-process federal-claims federal-takings-claims fourteenth-amendment just-compensation just-compensation-clause sovereign-immunity state-immunity state-sovereign-immunity takings takings-clause |
Whether the Fourteenth Amendment's incorporation of the "self-executing" Just Compensation Clause abrogates state sovereign immunity from federal taki… |
| 21-5597 |
Johnathan Holt v. United States |
Sixth Circuit |
2021-09-08 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process property-rights standing takings-clause |
whether was ineffefine CONSE FO Not parsuins A Mertal He.lth E4uM T1y95=00tad O~
wkether Connsel q5 iNEffecfio For Gl0n his bchif O
whether C CommiI… |
| 21-217 |
Marcy Britton v. Tim Keller, Mayor of the City of Albuquerque, New Mexico, et al. |
Tenth Circuit |
2021-08-16 |
Denied |
|
civil-rights due-process inverse-condemnation penn-central-test property-rights qualified-immunity regulatory-taking regulatory-takings takings takings-clause |
As a threshold matter, did the lower courts err in light of this Court's recent ruling in of Cedar Point Nursery v. Hassid , 141 S. Ct. 2063, (2021) t… |
| 21-218 |
John Pietsch, et al. v. Ward County, North Dakota, et al. |
Eighth Circuit |
2021-08-16 |
Denied |
|
dolan-v-city-of-tigard extortionate-exaction fifth-amendment fifth-amendment-takings injunctive-relief nollan-dolan-test nollan-v-california-coastal-commission remedy takings-clause unconstitutional-conditions |
1. Does the violation of the "unconstitutional conditions doctrine" for an extortionate exaction under Nollan v. California Coastal Commission, 483 U.… |
| 21-148 |
California Restaurant Association, Inc. v. Superior Court of California, Los Angeles County, et al. |
California |
2021-08-03 |
Denied |
Amici (2) |
constitutional-law due-process government-action jacobson-v-massachusetts property-rights public-health rational-basis takings takings-clause |
Is due process satisfied, consistent with the decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), where a public health department acts based o… |
| 21-128 |
Roger Waldner, et al. v. United States |
Eighth Circuit |
2021-07-30 |
Denied |
Response Waived |
criminal-procedure due-process enforcement-order garnishment recoupment restitution statute-of-limitations takings-clause |
1. Would a GVR Order for a hearing below reveal that no court below gave Glenn a hearing on his recoupment defense?
2. Would a GVR-ordered hearing be… |
| 21-66 |
PBS Coals, Inc., et al. v. Pennsylvania Department of Transportation |
Pennsylvania |
2021-07-19 |
Denied |
Response Waived |
14th-amendment 5th-amendment coal constitutional-law equal-protection physical-occupation property-rights real-estate subsurface-estate takings takings-clause |
Issue 1: When a State Agency permanently physically occupies a right-of-way and thereby completely blocks physical access to a subsurface owner's reco… |
| 21-70 |
Gary E. Albright, et al. v. United States |
Federal Circuit |
2021-07-19 |
Denied |
Amici (1)Response Waived |
certification constitutional-federalism erie-doctrine fifth-amendment railroad-deed state-law state-law-interpretation takings-claim takings-clause |
Does constitutional federalism require a federal court that confronts an outcome-determinative and unresolved State law issue that is particularly wit… |
| 20-1652 |
Meghan Belaski, et al. v. Securities and Exchange Commission |
District of Columbia |
2021-05-26 |
Denied |
Response Waived |
confidential-information double-jeopardy fifth-amendment intellectual-property related-action securities-exchange-commission securities-law takings-clause whistleblower whistleblower-award |
Do the statutory rules of the Securities and Exchange Commission, in order
to qualify for whistleblower award, violate the Double Jeopardy Clause in t… |
| 20-1507 |
Association of New Jersey Rifle & Pistol Clubs, Inc., et al. v. Andrew J. Bruck, Acting Attorney General of New Jersey, et al. |
Third Circuit |
2021-04-28 |
GVR |
Amici (4)Response RequestedResponse WaivedRelisted (3) |
2nd-amendment civil-procedure civil-rights due-process law-abiding-citizens magazine-ban property-rights retrospective-law second-amendment standing takings takings-clause |
1. Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates t… |
| 20-1259 |
Protect Our Parks, Inc., et al. v. City of Chicago, Illinois, et al. |
Seventh Circuit |
2021-03-11 |
Denied |
Response Waived |
article-iii-standing civil-procedure due-process fifth-amendment fourteenth-amendment lujan-standard standing takings takings-clause |
1. Whether the Plaintiffs possess Article III standing to bring their takings and due process claims in light of the Seventh Circuit's application of … |
| 20-1214 |
Fred J. Eychaner v. City of Chicago, Illinois |
Illinois |
2021-03-03 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (4) |
blight due-process eminent-domain future-blight kelo-precedent kelo-v-city-of-new-london pretext property-rights public-use public-use-clause takings takings-clause |
1. Is the possibility of futwre blight a permissible basis for a government to take property in an unblighted area and give it to a private party for … |
| 20-7261 |
Randell Joseph Redmond v. United States Court of Appeals for the Fifth Circuit |
Fifth Circuit |
2021-02-26 |
Denied |
Relisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process equal-protection free-speech just-compensation property-rights standing takings-clause tax-foreclosure |
.'HIT /Ae fythumify rare £45*$ iditrt a
£}//>titiOr? /£ #£A/t*2>* t£> *~r7 (jJ%> A*?#/ A 3Ad tip /r?t>A*'7 /r7/3jA4r#e£As'/Z-&A eA<5ss?/^5 rtj?) 4
0^… |
| 20-1099 |
Gadsden Industrial Park, LLC v. United States |
Federal Circuit |
2021-02-10 |
Denied |
|
5th-amendment court-of-federal-claims due-process federal-circuit fifth-amendment inverse-condemnation just-compensation property-rights takings takings-clause tucker-act |
I.
Whether this Court should fill a statutory and jurisprudential void in Tucker Act inverse condemnation "takings" law to resolve the obvious consti… |
| 20-1003 |
Christy, Inc. v. United States |
Federal Circuit |
2021-01-26 |
Denied |
Amici (1)Response Waived |
compensation government-fees inter-partes-review patent patent-exaction patent-invalidation post-grant-review private-property property-rights takings-clause |
1) When a duly-issued patent is invalidated through a post-grant review process (such as an IPR), must compensation be paid under the Takings Clause?
… |
| 20-912 |
Abigail Ladd, et al. v. Jack Marchbanks |
Sixth Circuit |
2021-01-08 |
Denied |
Response Waived |
11th-amendment civil-procedure civil-rights due-process fifth-amendment inverse-condemnation just-compensation knick-v-township-of-scott mandamus property-rights takings takings-clause |
1. Whether Ohio's mandamus scheme provides its citizens with a reasonable, certain, and/or adequate procedure or process sufficient to meet the guaran… |
| 20-855 |
Maryland Shall Issue, Inc., et al. v. Lawrence J. Hogan, Jr., Governor of Maryland |
Fourth Circuit |
2020-12-29 |
Denied |
Amici (3) |
certification certification-doctrine constitutional-interpretation due-process horne-v-department-of-agriculture maryland-constitution personal-property property-rights takings-clause |
1. Whether the Fourth Circuit erred in ruling that this Court's holding in Horne that appropriations of personal property and real property must be tr… |
| 20-6613 |
C. D. Pickle, Jr., aka Clanton D. Pickle, Jr. v. Mississippi |
Mississippi |
2020-12-11 |
Denied |
Response WaivedIFP |
constitutional-law due-process equal-protection fifth-amendment fourteenth-amendment judicial-review legal-procedure petition supreme-court takings-clause writ-of-certiorari |
Question not identified. |
| 20-6416 |
Devon M. Byrd v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-11-24 |
Denied |
IFP |
civil-procedure civil-rights due-process qualified-immunity standing takings-clause |
Does Martinez v. Ryan bar procedurally defaulted substantial ineffective assistance of counsel claims under 28 U.S.C. § 2254(d)?
Are the precedents i… |
| 20-567 |
Ohio, ex rel. Elliot Feltner v. Cuyahoga County Board of Revision, et al. |
Ohio |
2020-10-30 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (4) |
due-process equity-windfall government-seizure just-compensation property-rights surplus-equity takings-clause tax-delinquency |
When confiscating property to satisfy a delinquent debt, does it violate the Takings Clause for government to take property worth far more than what i… |
| 20-441 |
Minnesota Sands, LLC v. County of Winona, Minnesota |
Minnesota |
2020-10-06 |
Denied |
|
commerce-clause discrimination interstate-commerce mineral-rights mining permitting-requirements property-interest property-rights state-regulation takings-clause |
1. Does a state or local government impermissibly discriminate against interstate commerce when it allows a mineral to be mined for all uses that are … |
| 20-5723 |
Demetrius Calhoun v. Florida Department of Corrections |
Eleventh Circuit |
2020-09-16 |
Denied |
Relisted (2)IFP |
fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause |
5H, 6TH ANA 14TH AMENNMENI RICHIS TO DUE PROCESS.
WHCHED THE COUDIS A EXPDUSSL AN IN NUCT CONEUCT WNH CACHOTHC DECUSIONSAN CASL
LLAW HOLGING WHICH THE… |
| 20-335 |
Maryland Reclamation Associates, Inc. v. Harford County, Maryland |
Maryland |
2020-09-14 |
Denied |
Response Waived |
administrative-variance due-process fifth-amendment just-compensation penn-central penn-central-test property-rights takings-clause |
After a quarter century of continued litigation and a 2018 adjudication on the merits, a Maryland jury awarded petitioner $45,420,076. in damages for … |
| 20-265 |
Leon Oscar Ramirez, Jr., et al. v. ConocoPhillips Company, et al. |
Texas |
2020-09-02 |
Denied |
Response Waived |
common-law constitutional-amendment due-process fifth-amendment fourteenth-amendment mineral-rights property-rights takings takings-clause |
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 560 U.S. 702 (2010), the Court was unable to resolve whether … |
| 20-5512 |
James L. Miller v. Scott S. Harris, Clerk, Supreme Court of the United States, et al. |
Ninth Circuit |
2020-08-27 |
Denied |
Response WaivedIFP |
fifth-amendment just-compensation physical-appropriation private-property public-use takings-clause |
Question not identified. |
| 20-203 |
LaDonna Degan, et al. v. Board of Trustees of the Dallas Police and Fire Pension System |
Fifth Circuit |
2020-08-21 |
Denied |
Response Waived |
constitutional-rights dallas-pension-statute federal-circuit-split fifth-amendment legislative-amendment property-interest retirement-funds takings-clause |
Prior to 2017, retired Dallas police and firefighters had the right to withdraw the earned and accrued retirement funds deposited in their Deferred Re… |
| 20-107 |
Cedar Point Nursery, et al. v. Victoria Hassid, et al. |
Ninth Circuit |
2020-08-03 |
Judgment Issued |
Amici (40)Relisted (2) |
agricultural agricultural-access civil-rights due-process eminent-domain fifth-amendment labor-regulation labor-relations property property-rights takings takings-clause |
California law forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation p… |
| 20-80 |
Diane S. Blodgett, et al. v. United States |
Federal Circuit |
2020-07-28 |
Denied |
Response Waived |
civil-procedure civil-rights contract-rights due-process federal-trade-commission fifth-amendment ftc-act pleading-stage rule-60(b) standing takings takings-clause |
I. Did the court of appeals err in this FTC Act Sect. 13(b) case in failing to apply Rule 60(b) at the pleading stage, by not analyzing the Motion and… |
| 20-72 |
Janet L. Himsel, et al. v. 4/9 Livestock, LLC, et al. |
Indiana |
2020-07-24 |
Denied |
Amici (1) |
due-process eminent-domain environmental-regulation nuisance nuisance-law property-rights takings-clause trespass |
Does a state statute violate the Takings Clause of the United States Constitution when it provides complete immunity from nuisance and trespass liabil… |
| 20-5112 |
David Wayne Robinson v. Jared Polis, Governor of Colorado, et al. |
Tenth Circuit |
2020-07-21 |
Denied |
IFP |
14th-amendment booking-fees civil-rights constitutional-rights criminal-procedure due-process equal-protection excessive-fines takings-clause |
Did Dist ct. ERR tw dismissing / And Appeals a ANowing Legal Skills?
TS The AcTiox/ of Sep aaliont of Fouiets To Authorize The Take Twas of monies fo… |
| 19-1319 |
David R. Morabito, et ux. v. New York, et al. |
Second Circuit |
2020-05-28 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
civil-procedure constitutional-law due-process due-process-14th-amendment eleventh-amendment hydraulic-fracturing interstate-commerce rosemary-knick rosemary-knick-v-township-of-scott standing takings takings-clause takings-clause-5th-amendment |
1. Whether the New York State Law, adopte d on or about April 3, 2020, permanently
banning high volume hydraulic fracturi ng in the State of New York… |
| 19-1285 |
Andrea Lea, Arkansas State Auditor v. United States, et al. |
Federal Circuit |
2020-05-13 |
Denied |
|
contract-law escheatment federal-preemption property-rights savings-bonds takings-clause treasury-regulations us-savings-bonds |
1. Whether the federal statute, regulations, and contractual provisions governing the transfer and redemption of United States Savings Bonds preempt t… |
| 19-8284 |
In Re Michael A. Young |
|
2020-04-17 |
Denied |
Response WaivedIFP |
civil-forfeiture contraband due-process just-compensation standing takings-clause |
Question not identified. |
| 19-8167 |
Charles Talbert v. Blanche Carney, et al. |
Third Circuit |
2020-04-02 |
Denied |
Response WaivedIFP |
due-process federal-circuit fifth-amendment just-compensation patent takings-clause |
(1) Did the Appeals Court abuse its discretion when denying Petitioner's...
(2) Did the Appeals Court, when applying the "three strikes" provision of… |
| 19-8059 |
Lakshmi Arunachalam v. Uber Technologies, Incorporated |
Fifth Circuit |
2020-03-23 |
Denied |
Relisted (2)IFP |
constitutional-breach contract-clause due-process judicial-misconduct patent patent-contract separation-of-powers supremacy-clause takings-clause |
1. Whether collateral attack on the Contract between the inventor and the
United States Patent and Trademark Office in bad faith by the entire
Judic… |
| 19-1074 |
Celgene Corporation v. Laura A. Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director, Patent and Trademark Office |
Federal Circuit |
2020-03-02 |
Denied |
Amici (1)Relisted (3) |
administrative-review america-invents-act fifth-amendment inter-partes-review lucas-test patent-rights patent-rights-takings patent-trial-and-appeal-board patents penn-central-test property-rights takings takings-clause |
Whether retroactive application of inter partes review to patents issued before passage of the America Invents Act violates the Takings Clause of the … |
| 19-7169 |
Daniel Eric Cobble v. United States |
Eleventh Circuit |
2020-01-06 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights commercial-value due-process fifth-amendment just-compensation patent physical-appropriation public-use standing takings takings-clause |
Question not identified. |
| 19-798 |
Bay Point Properties, Incorporated v. Mississippi Transportation Commission, et al. |
Fifth Circuit |
2019-12-23 |
Denied |
|
civil-procedure civil-rights constitutional-law due-process eleventh-amendment just-compensation just-compensation-clause property-rights sovereign-immunity state-immunity state-liability takings takings-clause |
Whether the "self -executing" Just Compensation Clause abrogates a State's Eleventh Amendment immunity, allowing a property owner to sue the State for… |
| 19-7031 |
Allen James Hancock v. Texas |
Texas |
2019-12-20 |
Denied |
IFP |
5th-amendment administrative-law civil-procedure due-process equal-protection land-use property-rights regulatory-takings standing statutory-interpretation takings-clause |
Question not identified. |
| 19-692 |
Sunil Deo v. California |
California |
2019-12-02 |
Denied |
Amici (2) |
14th-amendment 5th-amendment civil-procedure constitutional-law due-process federal-law fifth-amendment penal-code property-rights state-law takings takings-clause |
1. Does California's application of Penal Code section 115 to deprive lienholders of their property, which conflicts with U.S. Supreme Court precedent… |
| 19-6764 |
Nicole Rena McCrea v. District of Columbia Police & Firefighter's Retirement and Relief Board |
District of Columbia |
2019-11-27 |
Denied |
Response WaivedIFP |
administrative-hearing administrative-procedure civil-rights constitutional-challenge disability disability-benefits disability-provisions due-process employment police-firefighters property-interest property-rights takings takings-clause |
1. Are the provisions of the United States Constitution, Amendment 5. Due Process Clause .
compelled and/or implied as pertains to the expressed statu… |
| 19-601 |
Collabo Innovations, Inc. v. Sony Corporation, et al. |
Federal Circuit |
2019-11-07 |
Denied |
Relisted (4) |
5th-amendment america-invents-act due-process inter-partes-review leahy-smith-america-invents-act patent retroactive-application retroactivity takings-clause |
1. Does the retroactive application of inter partes review to a patent that issued before the passage of the Leahy–Smith America Invents Act, Pub. L. … |
| 19-554 |
50 Murray Street Acquisition LLC v. John Kuzmich, et al. |
New York |
2019-10-30 |
Denied |
Amici (2) |
due-process fifth-amendment fourteenth-amendment judicial-takings lower-manhattan-revitalization-plan property-rights rent-stabilization section-421-g takings-clause |
1. Whether the Fifth and Fourteenth Amendments prohibit courts, like other branches of government, from eliminating established property rights withou… |
| 19-6396 |
Charles Jordan v. John H. Magill, et al. |
Fourth Circuit |
2019-10-25 |
Denied |
IFP |
civil-forfeiture civil-rights constitutional-provisions criminal-law-enforcement due-process equal-protection jurisdiction just-compensation standing takings-clause |
O^oRc' ^>^ 0^ce. oSP <^C
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f» |
| 19-447 |
Keith Puntenney, et al. v. Iowa Utilities Board, et al. |
Iowa |
2019-10-03 |
Denied |
Response Waived |
common-carrier eminent-domain fifth-amendment incidental-benefits kelo-precedent kelo-v-city-of-new-london public-purpose public-use takings takings-clause |
Does a state's exercise of eminent domain satisfy the "public use" requirement of the Fifth Amendment's Takings Clause if the only benefits experience… |
| 19-408 |
Garey R. Nehrke v. Wells Fargo Bank, N.A. |
Florida |
2019-09-26 |
Denied |
Response Waived |
constitutional-rights federal-jurisdiction federal-jurisdiction-banking foreclosure-fraud gse-state-actors gses mortgage-securitization national-bank-act national-banks securities-law state-actors state-preemption takings-clause whistleblower-retaliation |
1. Whether Wells Fargo and others under National Bank Act, 12 U.S.C. 1 et seq. exclusive federal regulation and pre-emption, along with restrictions o… |
| 19-365 |
John Barth v. United States |
First Circuit |
2019-09-19 |
Denied |
Response Waived |
4th-amendment civil-rights compensation constitutional-rights copyright copyright-law due-process equal-protection federal-jurisdiction seizure sovereign-immunity takings takings-clause |
1. Violation of Constitutional Rights
Did acts of a federal court in publishing sealed documents of investigation rather
than returning them, violate… |
| 19-318 |
Francis A. Bottini, Jr., et al. v. City of San Diego, California, et al. |
California |
2019-09-09 |
Denied |
Amici (2)Response Waived |
due-process first-english first-english-precedent investment-backed-expectations penn-central penn-central-test property-rights regulatory-taking regulatory-takings single-family-housing takings takings-clause temporary-takings |
1. Should the test of Penn Central be construed to totally bar recovery whenever the purchaser of a single-family lot is unable to learn, at the time … |
| 19-286 |
Cranston Police Retirees Action Committee v. City of Cranston, Rhode Island |
Rhode Island |
2019-09-04 |
Denied |
|
constitutional-rights contracts-clause municipal-law police-power public-purpose retirement-benefits takings-clause vested-rights |
When members of the Cranston Police and Fire Retirees Action Committee (hereinafter, "Petitioner retirees" and/or "CPRAC") retired, they were contract… |
| 19-258 |
Richard Lewis Katzin, et al. v. United States |
Federal Circuit |
2019-08-28 |
Denied |
Response Waived |
5th-amendment deed-dispute due-process fifth-amendment government-action government-taking just-compensation land-ownership property-rights remand takings takings-clause title-claim unsalable-property |
1. Whether the Government can claim title to privately owned land and actively work to make that property unsaleable, without triggering the Fifth Ame… |
| 19-150 |
Lynn Lumbard, et al. v. City of Ann Arbor, Michigan |
Sixth Circuit |
2019-08-01 |
Denied |
Response Waived |
42-usc-1983 5th-amendment federal-court-review fifth-amendment just-compensation loretto-v-teleprompter permanent-physical-occupation physical-occupation san-remo-hotel state-court-exhaustion takings takings-claim takings-clause |
In Knick v. Township of Scott, 588 U.S. __, 139 S. Ct. 2162, 2019 U.S. LEXIS 4197 (U.S., J une 2 1, 2 019), this Court expressly overruled the state c… |
| 19-5418 |
Walter Lee Brown v. James Deal, Warden |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process fifth-amendment free-speech jurisdiction land-use-regulation property-rights regulatory-takings standing takings-clause |
RPEN FOR Q CERTiPiCATE F APPEalbiLiTy aich is CONPLiCT WITH PRiOR dECISiONS of THE $\Nra$ BORT, DNOTHER COURT oR APPGS dECISION, aNd IN JUSSTONTiUE CO… |
| 18-1545 |
Tracy Guerin v. Mickey Fowler, et al. |
Ninth Circuit |
2019-06-14 |
Denied |
Amici (2)Relisted (2) |
constitutional-law due-process eleventh-amendment pension-transfer property-rights public-pensions retrospective-application state-authority state-immunity statutory-benefits takings takings-clause |
1. If a State's statutorily created pension system allows government employees to transfer their accumulated pension contributions into a different pe… |
| 18-1538 |
Dartmond Cherk, et al. v. Marin County, California |
California |
2019-06-13 |
Denied |
Amici (4)Response RequestedRelisted (4) |
development-exactions development-fees dolan-v-city-of-tigard due-process essential-nexus koontz-v-st-johns-river-water-management-district land-use legislative-exactions nollan-v-california-coastal-commission permit-conditions property-rights rough-proportionality takings takings-clause unconstitutional-conditions |
1. Whether permit conditions are exempt from review under the unconstitutional-conditions doctrine when their intended purpose is not to mitigate adve… |
| 18-1535 |
Letica Land Company, LLC v. Anaconda-Deer Lodge County, Montana |
Montana |
2019-06-12 |
Denied |
|
5th-amendment claim-of-right due-process fifth-amendment government-liability inverse-condemnation mistaken-claim-of-right physical-invasion property-rights takings takings-clause takings-clause-5th-amendment |
Believing there was a public right-of-way across
Letica's private property, a local government physically invaded that property, removed a berm with
h… |
| 18-1512 |
Michael McClain, et al. v. California Department of Tax and Fee Administration, et al. |
California |
2019-06-05 |
Denied |
Response Waived |
administrative-procedure constitutional-law constitutional-violation due-process escheat private-property property-rights standing statutory-scheme takings-clause |
Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private pro… |
| 18A1198 |
Lynn Lumbard, et al. v. City of Ann Arbor, Michigan |
Sixth Circuit |
2019-05-20 |
Presumed Complete |
|
constitutional-interpretation federal-claims property-rights ripeness state-court-remedies takings-clause |
Whether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985), requi… |
| 18-1429 |
Stahl York Ave. Co., LLC v. City of New York, New York, et al. |
New York |
2019-05-14 |
Denied |
Amici (2)Response Waived |
administrative-agency administrative-law due-process fact-findings fifth-amendment independent-judicial-fact-finding independent-judicial-factfinding judicial-review just-compensation property-rights takings-clause |
Whether a property owner suing an administrative agency for violating the Takings Clause of the Fifth Amendment is entitled to develop the facts suppo… |
| 18-1417 |
Yankton County, South Dakota v. United States |
Federal Circuit |
2019-05-13 |
Denied |
Response Waived |
accrual-suspension accrual-suspension-rule fifth-amendment fifth-amendment-taking government-action gradual-physical-process inverse-condemnation property-rights stabilization-doctrine takings takings-clause united-states-v-dickinson |
In an inverse condemnation case in which the taking arose out of a gradual and continuous physical process put in motion by the Government, may the cl… |
| 18-1404 |
Dorsey Eugene Wallace v. Gary Edward Wallace, et al. |
Georgia |
2019-05-08 |
Denied |
|
5th-amendment corporate-stock court-of-appeals due-process fifth-amendment georgia-court-of-appeals judicial-review judicial-taking property-rights standard-for-judicial-taking stock-ownership stop-the-beach takings takings-clause well-established-property-right |
1. Is there such a thing as a judicial taking? According to the plurality opinion in Stop the Beach, "if a legislature or a court declares that what w… |
| 18-1392 |
John M. Barone v. Wells Fargo Bank, N.A. |
Eleventh Circuit |
2019-05-06 |
Denied |
Response Waived |
civil-rights constitutional-property-rights constitutional-rights due-process fannie-mae federal-jurisdiction foreclosure foreclosure-fraud nemo-dat-quod-non-habet pro-se-litigation securities securities-law standing state-actor takings takings-clause |
Whether U.S. Government's unconstitutional involvement in millions of foreclosures through FHFA and de facto and entwined State-actor Fannie Mae subje… |
| 18-1368 |
San Diego Gas & Electric Company v. California Public Utilities Commission |
California |
2019-05-01 |
Denied |
Amici (6)Response RequestedResponse WaivedRelisted (2) |
14th-amendment 5th-amendment due-process fifth-amendment fourteenth-amendment inverse-condemnation just-compensation public-utility ratepayers strict-liability takings takings-clause |
Whether it is an uncompensated taking for public use in violation of the Fifth and Fourteenth Amendments for a State to impose strict liability for in… |
| 18-1278 |
Corey A. Kerns, et al. v. Chesapeake Exploration, L.L.C., et al. |
Sixth Circuit |
2019-04-08 |
Denied |
Response Waived |
42-usc-1983 due-process due-process-clause horizontal-drilling mineral-extraction mineral-rights permanent-physical-invasion property-rights regulatory-police-power state-action state-regulatory-police-power state-regulatory-power subsurface-rights takings-clause |
STATE REGULATORY POLICE POWER
1. Whether the Due Process and Takings Clauses are violated when a state official utilizes a state regulatory police po… |
| 18-8480 |
Kevin Funk v. Montana |
Montana |
2019-03-20 |
Denied |
IFP |
allodial-tenure constitutional-rights contract contract-interference contract-rights due-process federal-land-patent irrevocable-trust land-ownership property-protection takings takings-clause |
In an action in which the claim to be tried is a claim of 1007 land ownership-title HELD in a irrevocable trust-deed update of a Federal Land Patent, … |
| 18-8351 |
Arek Fressadi v. Arizona Municipal Risk Retention Pool, et al. |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
due-process judicial-takings just-compensation nollan-dolan notice ongoing-violations property-rights statute-of-limitations statutes-of-limitations takings takings-clause |
Whether a failure by government to provide Mullane notice, Nollan/Dolan burden-shifting protections, and/or Lucas/First English just compensation are … |
| 18-6840 |
John H. Rosky v. Renee Baker, Warden, et al. |
Nevada |
2018-11-28 |
Denied |
IFP |
appellate-procedure constitutional-law criminal-procedure due-process economic-wipeout equal-protection fifth-amendment habeas-corpus property-rights standing takings-clause |
AMEVDMEST DOUBSLE JEOPARDY CLAUSE BAR BETRAL WGEO, UPON
DIRECT APPEAL, THE COOLCLUSLOH OF THE APPELLATE COURT IS;
OVERLVELMING EUIDEHCE DUES HOT SURPO… |
| 18-532 |
Sixty-01 Association of Apartment Owners v. Penny D. Goudelock |
Ninth Circuit |
2018-10-23 |
Denied |
Amici (1)Response Waived |
assessment-discharge bankruptcy-code bankruptcy-code-discharge chapter-13 chapter-13-bankruptcy community-association community-association-assessments due-process due-process-clause federalism fifth-amendment property-ownership ripeness-doctrine takings takings-clause |
1. Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor ret… |
| 18-477 |
Hugh Martin, et al. v. United States |
Federal Circuit |
2018-10-15 |
Denied |
Response Waived |
due-process easement-rights exhaustion-of-remedies federal-lands property-rights r.s.-2477 rs-2477 special-use-permit special-use-permits takings takings-clause |
Whether parties who own property inside national forest boundaries or other federally-owned lands, and who assert R.S. 2477 rights to easements access… |
| 18-359 |
St. Bernard Parish, et al. v. United States |
Federal Circuit |
2018-09-19 |
Denied |
Amici (2) |
catastrophic-flooding categorical-exemption causation constitutional-taking due-process flood-control flood-damage government-action government-inaction government-liability property-rights takings takings-clause takings-liability |
In Arkansas Game, this Court admonished the Federal Circuit to eschew "blanket exclusionary rules" immunizing the Government from liability in takings… |
| 18-324 |
Douglas Leone, et ux., as Trustees Under That Certain Unrecorded Leone-Perkins Family Trust Dated August 26, 1999, as Amended v. Maui County, Hawaii, et al. |
Hawaii |
2018-09-13 |
Denied |
Amici (3) |
14th-amendment 5th-amendment economic-benefit economically-beneficial-use fifth-amendment fourteenth-amendment investment-use just-compensation land-use lucas-v-south-carolina-coastal-council natural-state property-rights regulatory-taking regulatory-takings takings-clause |
Whether holding undeveloped property as an "investment" or using it as a "park" in its natural state constitutes economically beneficial or productive… |
| 18-5941 |
Robert Earl Tippens, Jr. v. Virginia |
Virginia |
2018-09-12 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process fifth-amendment free-speech just-compensation property-rights regulatory-takings standing takings takings-clause |
1. Was it improper for trial court to amend the offense found by the grand jury contrary to Petitioner's criminal intent that had the effect of amendi… |
| 18-294 |
Nicholas Honchariw v. County of Stanislaus, California, et al. |
Ninth Circuit |
2018-09-07 |
GVR |
Response RequestedResponse WaivedRelisted (3) |
due-process final-determination ripeness state-court-procedures subdivision subdivision-approval taking-claims takings takings-clause williamson-county |
Whether taking and due process claims arising from a subdivision disapproval ripen under Williamson County Regional Planning Commission et al. v. Hami… |
| 18-183 |
Advanced Audio Devices, LLC v. HTC Corporation, et al. |
Federal Circuit |
2018-08-09 |
Denied |
Amici (2)Response Waived |
5th-amendment aia america-invents-act constitutional-law due-process fifth-amendment inter-partes-review patent patent-law patents takings-clause |
Whether inter partes review ("IPR") of patents filed before enactment of the Leahy-Smith America Invents Act ("AIA") violates the Takings Clause of th… |
| 18-85 |
Pamela B. Stuart v. Catherine S. Ryan, et al. |
Florida |
2018-07-18 |
Denied |
Response Waived |
14th-amendment constitutional-remedies due-process judicial-takings just-compensation property-rights state-court-decisions state-courts takings-clause |
Whether the Takings Clause applies to the decisions of state courts, and, if so, under what circumstances may this Court review and remedy state judic… |
| 18-54 |
William A. Dabbs, Jr. v. Anne Arundel County, Maryland |
Maryland |
2018-07-10 |
Denied |
Amici (2) |
development-exaction dolan-v-city-of-tigard due-process koontz-v-st-johns-river-water-management-district land-use land-use-development land-use-regulation legislative-exactions legislative-taking monetary-exaction nollan-v-california-coastal-commission permit-conditions property-rights takings takings-clause unconstitutional-conditions |
Whether legislatively proscribed monetary exactions on land use development are subject to scrutiny under the unconstitutional conditions doctrine as … |
| 18-5069 |
William M. Uschock v. Pennsylvania |
Third Circuit |
2018-07-02 |
Denied |
IFP |
civil-procedure due-process eminent-domain fifth-amendment just-compensation mineral-rights natural-gas property-rights takings takings-clause |
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