No. 18-1404

Dorsey Eugene Wallace v. Gary Edward Wallace, et al.

Lower Court: Georgia
Docketed: 2019-05-08
Status: Denied
Type: Paid
Tags: 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
Key Terms:
Environmental Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Judicial taking of petitioner's stock ownership in Wallace Electric Company

Question Presented (from Petition)

QUESTIONS PRESENTED 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 was once an established right of private property no longer exists, it has taken that property, no less than if the state had physically appropriated it or destroyed its value by regulation.” Id. at 714. 2. Ifso, what is the standard for a judicial taking? The property right claimed to have been taken must be well established. Stop the Beach, 560 U.S. at 704. 3. Did the decision of the Georgia Court of Appeals amount to a judicial taking of Petitioner’s property, his stock ownership in Wallace Electric Company? That is the issue addressed in this Petition. The greater issue is a clear explanation of judicial taking under the Fifth Amendment.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-09
Reply of petitioner Dorsey Eugene Wallace filed. (Distributed)
2019-06-26
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Brief of respondents Gary Edward Wallace, et al. in opposition filed.
2019-05-06
Petition for a writ of certiorari filed. (Response due June 7, 2019)

Attorneys

Dorsey Eugene Wallace
James Lee FordFord Law Firm, Petitioner
James Lee FordFord Law Firm, Petitioner
Gary Edward Wallace, et al.
Grant Edward McBrideSmith, Welch, Webb & White, LLC, Respondent
Grant Edward McBrideSmith, Welch, Webb & White, LLC, Respondent