No. 18-1115

Ronald DeCoster v. Waushara County Highway Department, et al.

Lower Court: Seventh Circuit
Docketed: 2019-02-26
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 attorney-fees civil-procedure civil-rights claim-preclusion due-process fair-notice federal-funding fifth-amendment inverse-condemnation res-judicata takings uniform-relocation-assistance ura
Key Terms:
SocialSecurity Takings DueProcess FifthAmendment
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether petitioner's claims under the URA, the Fifth Amendment, and 42 U.S.C. §1983 are barred by claim preclusion and res judicata despite lack of notice of right to attorney fees under URA

Question Presented (OCR Extract)

QUESTIONS PRESENTED FoR REVIEW I. Are Petitioner’s claims under the URA, the Fifth Amendment and 42 U.S.C. §1983 barred by the doctrine of claim preclusion and res judicata, despite the fact that Petitioner never was provided with notice of his right and an opportunity to request attorney fees and costs under the URA, and thus such were never addressed or ruled upon by the state court? II. Does Petitioner have a right of action under 42 U.S.C. §1983, to enforce his rights under the URA and state law mandating its application, to obtain reasonable attorney fees and litigation costs, as the prevailing party in an inverse condemnation case, in a local government highway project receiving federal funding, which adversely affected his property rights?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-10
DISTRIBUTED for Conference of 4/26/2019.
2019-03-27
Waiver of right of respondents Waushara County Highway Department, et al. to respond filed.
2019-02-12
Petition for a writ of certiorari filed. (Response due March 28, 2019)

Attorneys

Ronald DeCoster
Raymond M. Dall'OstoGimbel, Reilly, Guerin & Brown LLP, Petitioner
Waushara County Highway Department, et al.
John M. BruceSchober Schober & Mitchell, S.C., Respondent