No. 21-542

Michael Zito, et ux. v. North Carolina Coastal Resources Commission

Lower Court: Fourth Circuit
Docketed: 2021-10-13
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment due-process federal-claims federal-takings-claims fourteenth-amendment just-compensation just-compensation-clause sovereign-immunity state-immunity state-sovereign-immunity takings takings-clause
Key Terms:
Takings DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Whether the Fourteenth Amendment's incorporation of the 'self-executing' Just Compensation Clause abrogates state sovereign immunity from federal takings claims?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Fourteenth Amendment’s incorporation of the “self-executing” Just Compensation Clause abrogates state sovereign immunity from federal takings claims? ii LIST OF ALL PARTIES The parties to the judgment from which review is sought are Michael and Catherine Zito. They were parties in all proceedings below. Respondent is the North Carolina Coastal Resources Commission. RULE 14.1(b)(iii) STATEMENT The proceedings in the Eastern District of North Carolina and Fourth Circuit identified below are directly related to the above-captioned case in this Court. Zito v. North Carolina Coastal Resources Commission, 8 F.4th 281 (4th Cir. Aug. 9, 2021) Zito v. North Carolina Coastal Resources Commission, 449 F. Supp. 3d 567 (E.D.N.C. Mar. 27, 2020)

Docket Entries

2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-18
Waiver of right of respondent North Carolina Coastal Resources Commission to respond filed.
2021-10-08
Petition for a writ of certiorari filed. (Response due November 12, 2021)

Attorneys

Michael Zito, et al.
J. David BreemerPacific Legal Foundation, Petitioner
J. David BreemerPacific Legal Foundation, Petitioner
North Carolina Coastal Resources Commission
Ryan Young ParkNorth Carolina Department of Justice, Respondent
Ryan Young ParkNorth Carolina Department of Justice, Respondent