No. 19-1123

Leo Lech, et al. v. Chief John A. Jackson, et al.

Lower Court: Tenth Circuit
Docketed: 2020-03-16
Status: Denied
Type: Paid
Amici (3)
Tags: 5th-amendment civil-rights due-process eminent-domain fifth-amendment government-taking just-compensation police-power property-rights takings
Key Terms:
DueProcess Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power?

Question Presented (OCR Extract)

QUESTION PRESENTED Using explosives and a battering ram attached to an armored personnel carrier, the Greenwood Village Police Department intentionally destroyed Petitioners’ house. Afterwards, they offered the family $5,000 “to help with temporary living expenses.” The family sued, arguing that they were entitled to Just Compensation under the Fifth Amendment for the intentional destruction of their house. The Tenth Circuit, however, held that no compensation was due because the home was destroyed pursuant to the police power rather than the power of eminent domain. The question presented is whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Reply of petitioners Leo Lech, et al. filed. (Distributed)
2020-06-03
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioners.
2020-06-03
Brief of respondents The City of Greenwood Village, et al. in opposition filed.
2020-04-15
Brief amici curiae of The Cato Institute and Professor Ilya Somin filed.
2020-04-15
Brief amicus curiae of Onwers' Counsel of America filed.
2020-04-14
Brief amicus curiae of Pacific Legal Foundation filed.
2020-04-08
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
2020-04-06
Motion to extend the time to file a response from April 15, 2020 to June 3, 2020, submitted to The Clerk.
2020-03-11
Petition for a writ of certiorari filed. (Response due April 15, 2020)

Attorneys

Leo Lech, et al.
Jeffrey Hallett RedfernInstitute for Justice, Petitioner
Onwers' Counsel of America
Robert H. ThomasDamon Key Leong Kupchak Hastert, Amicus
Pacific Legal Foundation
Mark MillerPacific Legal Foundation, Amicus
The Cato Institute and Professor Ilya Somin
Ilya ShapiroCato Institute, Amicus