No. 20-1001

Columbia MHC East, LLC, et al. v. Melody Stewart, et al.

Lower Court: Sixth Circuit
Docketed: 2021-01-26
Status: Denied
Type: Paid
Tags: 14th-amendment 5th-amendment just-compensation mootness state-action takings
Key Terms:
Takings FifthAmendment
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Can the official actions of state judges violate the Takings and Just Compensation Clauses of the Fifth Amendment to the US Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Northern District of Ohio Trial Court dismissed with prejudice, prior to the issuance of summons, the complaint seeking redress against official state acts of state court judges for the definitional taking of Petitioners’ property without just compensation. The Petitioners argue that state judges are state actors under the Fourteenth Amendment of the U.S. Constitution for the purposes of violations of the Fifth Amendment of the U.S. Constitution Takings and Just Compensation Clauses. The Sixth Circuit dismissed the case as moot because Petitioners voluntarily dismissed the nongovernmental defendants. THE QUESTIONS PRESENTED ARE: 1. Can the official actions of state judges violate the Takings and Just Compensation Clauses of the Fifth Amendment to the US Constitution? 2. Does the voluntary dismissal under Fed. R. App. P. 42(b) of non-state defendants during the appeal create a mootness that prevents the Sixth Circuit Court from deciding whether the official acts of state court judges violate the Fifth Amendment Takings and Just Compensation Clauses of the US Constitution?

Docket Entries

2021-03-29
Petition DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2020-12-31
Petition for a writ of certiorari filed. (Response due February 25, 2021)

Attorneys

Columbia MHC East, LLC, et al.
Harold Emmett Lucas — Petitioner
Harold Emmett Lucas — Petitioner