Ronald DeCoster v. Waushara County Highway Department, et al.
SocialSecurity Takings DueProcess FifthAmendment
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
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?