No. 20-72
Janet L. Himsel, et al. v. 4/9 Livestock, LLC, et al.
Amici (1)
Experienced Counsel
Tags: due-process eminent-domain environmental-regulation nuisance nuisance-law property-rights takings-clause trespass
Key Terms:
Environmental Takings DueProcess FifthAmendment JusticiabilityDoctri
Environmental Takings DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference:
2020-09-29
Question Presented (AI Summary)
Does a state statute violate the Takings Clause when it provides immunity from nuisance and trespass liability for an industrial-scale hog facility that causes noxious waste to continuously invade long-standing family homes?
Question Presented (from Petition)
QUESTION PRESENTED Does a state statute violate the Takings Clause of the United States Constitution when it provides complete immunity from nuisance and trespass liability for an industrial-scale hog facility newly sited next to long-standing family homes, even though the facility causes noxious waste substances to continuously invade those homes, making it impossible for the families to use and enjoy their properties where they have lived for decades?
Docket Entries
2020-10-05
Petition DENIED.
2020-09-25
Reply of petitioners Janet Himsel, et al. filed.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-08-26
Brief of respondent State of Indiana in opposition filed.
2020-08-25
Brief of Non-Governmental Respondents in opposition filed.
2020-08-21
Brief amici curiae of Indiana Farmers Union, et al. filed.
2020-08-19
Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
2020-08-18
Motion to extend the time to file a response from August 24, 2020 to August 31, 2020, submitted to The Clerk.
2020-07-17
Petition for a writ of certiorari filed. (Response due August 24, 2020)
Attorneys
4/9 Livestock, LLC, et al., Co-Alliance LLP, Sam Himsel, Cory Himsel and Clint Himsel
Christopher Joseph Braun — Plews Shadley Racher & Braun LLP, Respondent
Christopher Joseph Braun — Plews Shadley Racher & Braun LLP, Respondent
Indiana Farmers Union, et al.
Jessica Leigh Culpepper — Public Justice, Amicus
Jessica Leigh Culpepper — Public Justice, Amicus
Janet Himsel, et al.
Katherine Anne Meyer — Harvard Animal Law and Policy Clinic, Petitioner
Katherine Anne Meyer — Harvard Animal Law and Policy Clinic, Petitioner
State of Indiana
Thomas M. Fisher — Office of the Indiana Attorney General, Respondent
Thomas M. Fisher — Office of the Indiana Attorney General, Respondent