No. 19-447
Keith Puntenney, et al. v. Iowa Utilities Board, et al.
Response Waived
Tags: common-carrier eminent-domain fifth-amendment incidental-benefits kelo-precedent kelo-v-city-of-new-london public-purpose public-use takings takings-clause
Key Terms:
Takings FifthAmendment
Takings FifthAmendment
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Does a state's exercise of eminent domain satisfy the 'public use' requirement of the Fifth Amendment's Takings Clause if the only benefits experienced within that state are incidental?
Question Presented (from Petition)
QUESTIONS PRESENTED Does a state’s exercise of eminent domain satisfy the “public use” requirement of the Fifth Amendment’s Takings Clause if the only benefits experienced within that state are incidental? Can a state satisfy the “public use” requirement of the Fifth Amendment’s Takings Clause merely by labeling the taking with a traditional category of public use, without engaging in the “public purpose” analysis outlined by Kelo v. City of New London, 545 U.S. 469 (2005)?
Docket Entries
2020-02-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-20
Reply of petitioners Keith Puntenney, et al. filed.
2020-01-06
Brief of respondent Dakota Access, LLC in opposition filed.
2019-10-23
Waiver of right of respondent The MAIN Coalition to respond filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020, for all respondents.
2019-10-16
Motion to extend the time to file a response from November 4, 2019 to January 6, 2019, submitted to The Clerk.
2019-10-16
Waiver of right of respondent Office of Consumer Advocate, Iowa Dept. of Justice to respond filed.
2019-10-10
Waiver of right of respondent Iowa Utilities Board to respond filed.
2019-09-30
Petition for a writ of certiorari filed. (Response due November 4, 2019)
2019-08-20
Corrected proof of service filed with respect to application for extension of time.
2019-08-19
Application (19A193) granted by Justice Gorsuch extending the time to file until September 30, 2019.
2019-08-16
Application (19A193) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to October 28, 2019, submitted to Justice Gorsuch.
Attorneys
Dakota Access, LLC
David John Debold — Gibson Dunn & Crutcher LLP, Respondent
David John Debold — Gibson Dunn & Crutcher LLP, Respondent
Iowa Utilities Board
Kim R. Snitker — Iowa Utilities Board, Respondent
Kim R. Snitker — Iowa Utilities Board, Respondent
Keith Puntenney, et al.
Eduardo Enrique Santacana — Keker, Van Nest & Peters LLP, Petitioner
Eduardo Enrique Santacana — Keker, Van Nest & Peters LLP, Petitioner
Office of Consumer Advocate, Iowa Dept. of Justice
The MAIN Coalition
Matthew Charles McDermott — Belin McCormick, P.C., Respondent
Matthew Charles McDermott — Belin McCormick, P.C., Respondent