No. 18-513

Lee Mulcahy v. Aspen Pitkin County Housing Authority

Lower Court: Colorado
Docketed: 2018-10-22
Status: Denied
Type: Paid
Tags: administrative-procedure administrative-procedure-act class-of-one due-process equal-protection exhaustion-doctrine material-facts property-rights
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Can a governmental agency initiating litigation be relieved of its obligation to prove the elements of its claim against a 'class of one', even when that action is not brought under the Administrative Procedure Act, and when the trial court has acknowledged a dispute as to material facts?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can.a governmental agency initiating litigation, by virtue of the exhaustion doctrine, be relieved of . its obligation to prove the elements of its claim against a “class of one”, even when that action is not brought under the Administrative Procedure Act, and even when the trial court has acknowledged a dispute as to material facts? 2. Whether the process APCHA employed, that is, depriving an individual of their home and property without a hearing at the administrative or court ; level, violated my constitutional rights to due process and equal protection of the laws under the 5th and 14th amendments to our Constitution. ii .

Docket Entries

2019-01-07
Motion to defer consideration of the petition for a writ of certiorari DENIED.
2019-01-07
Petition DENIED.
2018-12-27
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner. (Distributed)
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-13
Brief of respondent Aspen/Pitkin County Housing Authority in opposition filed.
2018-09-27
Petition for a writ of certiorari filed. (Response due November 21, 2018)
2018-07-23
Application (18A83) granted by Justice Sotomayor extending the time to file until September 27, 2018.
2018-07-17
Application (18A83) to extend the time to file a petition for a writ of certiorari from July 29, 2018 to September 27, 2018, submitted to Justice Sotomayor.

Attorneys

APCHA
Thomas Fenton SmithThomas Fenton Smith, Respondent
Thomas Fenton SmithThomas Fenton Smith, Respondent
Lee Mulcahy
Lee Mulcahy — Petitioner
Lee Mulcahy — Petitioner