No. 22-1054

Robert E. Bennett, et ux. v. City of Kingman, Arizona

Lower Court: Ninth Circuit
Docketed: 2023-05-01
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-interpretation due-process fifth-amendment fourteenth-amendment property-rights regulatory-takings section-1983-claim takings takings-clause vested-rights
Latest Conference: 2023-06-08
Question Presented (from Petition)

Did the Arizona District Court and the Ninth Circuit Court Err when they Cited Penn Central v. New York City and failed to address Lucas v. South Carolina Coastal Council, and Reahard v. Lee County on what constitutes reasonable, and what constitutes an investment backed expectation as per Reahard v. Lee County and its subsequent effect on the plaintiff.

Did the Arizona District Court and the Ninth Circuit Court err when they refused to address the Arizona Property Rights Protection Act, diminished value, agreements that "Run With The Land" as it relates to the 5th and 14th Amendments to the U.S. Constitution and to plaintiffs 1983 claim.

Did the Arizona District Court and the Ninth Circuit Court Err when they refused to address the Paradise Valley v. Gulf Leisure on vested rights as it relates to the 5th and 14th Amendments to the U.S. Constitution and to plaintiffs 1983 claim.

Did the Arizona District Court and the Ninth Circuit Court abuse their discretion in dismissing all federal claims and the plaintiffs right to pursue his claims in the court of his choosing as per Knick v. Township of Scott.

Question Presented (AI Summary)

Did the Arizona District Court and the Ninth Circuit Court err in their analysis of the takings claim?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-23
DISTRIBUTED for Conference of 6/8/2023.
2023-05-04
Waiver of right of respondent The City of Kingman to respond filed.
2023-03-24

Attorneys

Robert E. Bennett, et ux.
Robert E. Bennett — Petitioner
The City of Kingman
Catherine M. BowmanSims Mackin, Respondent