No. 19-798

Bay Point Properties, Incorporated v. Mississippi Transportation Commission, et al.

Lower Court: Fifth Circuit
Docketed: 2019-12-23
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights constitutional-law due-process eleventh-amendment just-compensation just-compensation-clause property-rights sovereign-immunity state-immunity state-liability takings takings-clause
Key Terms:
DueProcess FifthAmendment Takings Privacy JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether the 'self-executing' Just Compensation Clause abrogates a State's Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property

Question Presented (from Petition)

QUESTION PRESENTED Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property. ii LIST OF ALL PARTIES Bay Point Properties, Inc., formerly known as BP Properties, Inc., Petitioner on review, was _ the plaintiff-appellant below. The Mississippi Transportation Commission; the Mississippi Department of Transportation; Dick Hall, in his capacity as Mississippi Transportation Commissioner; Mike Tagert, in his capacity as Mississippi Transportation Commissioner; Tom King, in his capacity as Mississippi Transportation Commissioner; Wayne H. Brown, in his capacity as former Mississippi Transportation Commissioner; Melinda McGrath, in her capacity as Executive Director of the Mississippi Department of Transportation; Larry Brown, in his capacity as former Executive Director of Mississippi Department of Transportation, also known as Butch; Daniel B. Smith, in his capacity as Administrator of the Rightof-Way Division of Mississippi Department of Transportation, were the below.

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-05
Reply of petitioner Bay Point Properties, Incorporated filed.
2020-02-20
Brief of respondents Mississippi Transportation Commission, et al. in opposition filed.
2019-12-31
Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2020.
2019-12-30
Motion to extend the time to file a response from January 22, 2020 to February 20, 2020, submitted to The Clerk.
2019-12-19
Petition for a writ of certiorari filed. (Response due January 22, 2020)
2019-10-21
Application (19A436) granted by Justice Alito extending the time to file until December 20, 2019.
2019-10-17
Application (19A436) to extend the time to file a petition for a writ of certiorari from November 25, 2019 to December 20, 2019, submitted to Justice Alito.

Attorneys

Bay Point Properties, Incorporated
J. David Breemer — Petitioner
J. David Breemer — Petitioner
Mississippi Transportation Commission, et al.
Christopher Martin HowdeshellPittman Howdeshell, PLLC, Respondent
Christopher Martin HowdeshellPittman Howdeshell, PLLC, Respondent