Dorsey Eugene Wallace v. Gary Edward Wallace, et al.
Environmental Takings FifthAmendment JusticiabilityDoctri
Judicial taking of petitioner's stock ownership in Wallace Electric Company
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.