No. 18-85

Pamela B. Stuart v. Catherine S. Ryan, et al.

Lower Court: Florida
Docketed: 2018-07-18
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment constitutional-remedies due-process judicial-takings just-compensation property-rights state-court-decisions state-courts takings-clause
Key Terms:
Takings DueProcess FifthAmendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Takings Clause applies to the decisions of state courts, and, if so, under what circumstances may this Court review and remedy state judicial takings claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Takings Clause applies to the decisions of state courts, and, if so, under what circumstances may this Court review and remedy state judicial takings claims. 2. What remedies are available to a private property owner whose established property rights under state law are extinguished by a state court by a decision that is contrary to established property law in that state? 3. Whether the judicial decisions of the Florida state trial and appellate courts that contravened Petitioner’s established property rights under Florida law in her permanent residence in Florida (a homestead protected from forced sale by the Florida Constitution), her one-third interest in her father’s homestead which she acquired by inheritance, and a one-third interest in the personal property belonging to her deceased parents under the property laws and Constitution of the State of Florida : constituted judicial takings in violation of the Takings Clause and the Due Process Clause of the Fifth Amendment to the U.S. Constitution as applied to the States by the Fourteenth Amendment thus entitling her to just compensation by the State of Florida? ii 4. Whether state judicial decisions that invalidated the domiciliary status and voting rights of Petitioner, a permanent resident of the State of Florida, contrary to established Florida and federal law violated Petitioner’s Constitutionally protected right to travel and to move from state to state guaranteed by the Fourteenth Amendment and _ her Constitutional right to due process and equal protection of the laws? : 5. Whether state judicial decisions that imposed equitable liens upon résidences in which Petitioner had a constitutional right of protection against forced sale under Article X, section 4 of the Florida Constitution in contravention of Petitioner’s clearly established property rights under Florida’s Constitution and statutes and in violation of precedents of the United States and Florida Supreme Courts constituted a judicial taking of those established property rights under the Fifth and Fourteenth Amendments that entitle Petitioner to just compensation by the State of Florida or are they merely void?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-07-24
Waiver of right of respondent Catherine S. Ryan to respond filed.
2018-07-24
Waiver of right of respondent Deborah Stuart to respond filed.
2018-07-09
Petition for a writ of certiorari filed. (Response due August 17, 2018)

Attorneys

Catherine S. Ryan
Catherine S. Ryan — Respondent
Catherine S. Ryan — Respondent
Deborah Stuart
Deborah A. Stuart — Respondent
Deborah A. Stuart — Respondent
Pamela B. Stuart
Pamela B. Stuart — Petitioner
Pamela B. Stuart — Petitioner