No. 19-1308

Bernard Morello, et al. v. Seaway Crude Pipeline Company, LLC

Lower Court: Texas
Docketed: 2020-05-21
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-limitations contract contract-circumvention contract-clause due-process eminent-domain highest-and-best-use judicial-authority judicial-review just-compensation legislative-limitations property-rights takings
Key Terms:
Takings FifthAmendment DueProcess Securities JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether eminent domain can be used as mere pretext to rewrite the parties' own prior bargains, or otherwise circumvent existing obligations in a previously negotiated, enforceable contract

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether eminent domain can be used to as mere pretext to rewrite the parties’ own prior bargains, or otherwise circumvent existing obligations in a previously negotiated, enforceable contract. Whether the Texas Constitution’s adequate compensation standard conflicts with the federal constitutional requirement of just compensation as applied in this case. Whether a state, through judicial action or inaction, may delegate to private entities unbridled, unchallengeable eminent domain authority when courts consistently fail to enforce constitutional limitations.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-05-29
Supplemental Appendix to the Petition filed.
2020-05-28
Waiver of right of respondent Seaway Crude Pipeline Company, LLC to respond filed.
2020-05-11
Petition for a writ of certiorari filed. (Response due June 22, 2020)
2020-03-03
Application (19A969) granted by Justice Alito extending the time to file until May 11, 2020.
2020-02-28
Application (19A969) to extend the time to file a petition for a writ of certiorari from March 12, 2020 to May 11, 2020, submitted to Justice Alito.

Attorneys

Bernard Morello, et al.
Jacqueline Lucci SmithLucci Smith Law, PLLC, Petitioner
Seaway Crude Pipeline Company, LLC
Thomas J. ForestierWinstead, PC, Respondent