No. 22-442

Tatana Spicakova Romero, et vir v. Li-Chuan Shih, et al.

Lower Court: California
Docketed: 2022-11-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: 14th-amendment 5th-amendment due-process eminent-domain fifth-amendment fourteenth-amendment land-use private-property property-rights takings
Key Terms:
DueProcess FifthAmendment Takings
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners' land either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates the land owners' due process rights under the Fourteenth Amendment to the U.S. Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners’ land either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates the land owners’ due process rights under the Fourteenth Amendment to the U.S. Constitution? 2. Whether a judicially created “equitable” doctrine that gives Landowner A the exclusive use of Landowner B’s property under the guise of an “easement” either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates Landowner B’s due process rights under the Fourteenth Amendment to the U.S. Constitution?

Docket Entries

2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-01
Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
2022-11-08
Petition for a writ of certiorari filed. (Response due December 12, 2022)

Attorneys

Cesar & Tatiana Spicakova Romero
D. Kent SafrietHoltzman Vogel Baran Torchinsky & Josefiak, Petitioner
D. Kent SafrietHoltzman Vogel Baran Torchinsky & Josefiak, Petitioner