No. 18-1440

Marby Hogen, et al. v. Steven C. Hogen, as Personal Representative of the Estate of Arline H. Hogen, Deceased, et al.

Lower Court: North Dakota
Docketed: 2019-05-17
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection fourteenth-amendment judicial-procedure north-dakota probate property-rights state-action takings vested-interests
Key Terms:
DueProcess Takings Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the decision of the Supreme Court of North Dakota deprive the Petitioners of established property rights in violation of the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the decision of the Supreme Court of North Dakota deprive the Petitioners of established property rights in violation of the due process and equal protection clauses of the Fourteenth Amendment to the Constitution of the United States? 2. Has the State of North Dakota, acting through its judiciary, deprived the Petitioners of their vested property rights without any real opportunity to protect such rights in violation of the Due Process Clause of the Fourteenth Amendment? 3. Were Petitioners denied vested property interests, in violation of the Due Process Clause of the Fourteenth Amendment, when the State of North Dakota’s judiciary determined the Petitioners’ property interests could be extinguished by either a court appointed personal representative or court appointed trustee although Petitioners were never provided notice, nor made parties to either the probate proceedings or trust litigation that occurred after their property interests were created? ii LIST OF ALL

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-05-23
Waiver of right of respondents Steven C. Hogen, et al. to respond filed.
2019-05-13
Petition for a writ of certiorari filed. (Response due June 17, 2019)

Attorneys

Marby Hogen, et al.
David GaraasGaraas Law Firm, Petitioner
David GaraasGaraas Law Firm, Petitioner
Steven C. Hogen, et al.
Robert Garold HoyOhnstad Twichell, P.C., Respondent
Robert Garold HoyOhnstad Twichell, P.C., Respondent