No. 21-218

John Pietsch, et al. v. Ward County, North Dakota, et al.

Lower Court: Eighth Circuit
Docketed: 2021-08-16
Status: Denied
Type: Paid
Experienced Counsel
Tags: dolan-v-city-of-tigard extortionate-exaction fifth-amendment fifth-amendment-takings injunctive-relief nollan-dolan-test nollan-v-california-coastal-commission remedy takings-clause unconstitutional-conditions
Key Terms:
Takings DueProcess FifthAmendment FirstAmendment
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Does the violation of the unconstitutional-conditions doctrine for an extortionate exaction create a stand-alone cause of action?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the violation of the “unconstitutional conditions doctrine” for an extortionate exaction under Nollan v. California Coastal Commission, 483 U.S. 837 (1987) and Dolan v. City of Tigard, 512 U.S. 874 (1994), create a stand-alone cause of action? 2. Ifthe violation of the “unconstitutional conditions doctrine” for an extortionate exaction prior to a Fifth Amendment takings is a stand-alone cause of action, what is the appropriate remedy?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Reply of petitioner John Pietsch filed. (Distributed)
2021-10-15
Brief of respondents Ward County, North Dakota and the Board of County Commissioners for Ward County, North Dakota in opposition filed.
2021-09-08
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2021.
2021-09-03
Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
2021-08-12
Petition for a writ of certiorari filed. (Response due September 15, 2021)

Attorneys

John Pietsch
Karen Budd-FalenBudd-Falen Law Offices, LLC, Petitioner
Karen Budd-FalenBudd-Falen Law Offices, LLC, Petitioner
Ward County, North Dakota and the Board of County Commissioners for Ward County, North Dakota
John Edward WardZuger Kirmis & Smith PLLP, Respondent
John Edward WardZuger Kirmis & Smith PLLP, Respondent
John E. WardZuger Kirmis & Smith, PLLP, Respondent
John E. WardZuger Kirmis & Smith, PLLP, Respondent