No. 19-607

Woodcrest Homes, Inc. v. Carousel Farms Metropolitan District

Lower Court: Colorado
Docketed: 2019-11-12
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: 5th-amendment constitutional-interpretation due-process eminent-domain fifth-amendment government-taking private-benefit property-rights public-use takings
Key Terms:
Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Is the Fifth Amendment's restriction of eminent domain to 'public use[s]' satisfied even if a condemnation is undertaken 'for the purpose of conferring a private benefit on a particular private party'?

Question Presented (OCR Extract)

QUESTION PRESENTED Is the Fifth Amendment’s restriction of eminent domain to “public use[s]” satisfied even if a condemnation is undertaken “for the purpose of conferring a private benefit on a particular private party”?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-24
Reply of petitioner Woodcrest Homes, Inc. filed. (Distributed)
2020-02-10
Brief of respondent Carousel Farms Metropolitan District in opposition filed.
2019-12-10
Brief amici curiae of Southeastern Legal Foundation, et al. filed.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
2019-11-19
Motion to extend the time to file a response from December 12, 2019 to February 10, 2020, submitted to The Clerk.
2019-11-13
Blanket Consent filed by Petitioner, Woodcrest Homes, Inc.
2019-11-07
Petition for a writ of certiorari filed. (Response due December 12, 2019)
2019-08-16
Application (19A175) granted by Justice Sotomayor extending the time to file until November 7, 2019.
2019-08-12
Application (19A175) to extend the time to file a petition for a writ of certiorari from September 8, 2019 to November 7, 2019, submitted to Justice Sotomayor.

Attorneys

Carousel Farms Metropolitan District
Mark Christopher FlemingWilmerHale, Respondent
Mark Christopher FlemingWilmerHale, Respondent
Southeastern Legal Foundation, Cato Institute, Owners' Counsel of America, NFIB Small Business Legal Center
Robert H. ThomasDamon Key Leong Kupchak Hastert, Amicus
Robert H. ThomasDamon Key Leong Kupchak Hastert, Amicus
Woodcrest Homes, Inc.
Jeffrey Hallett RedfernInstitute for Justice, Petitioner
Jeffrey Hallett RedfernInstitute for Justice, Petitioner