No. 22-493
Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al.
Response Waived
Tags: constitutional-law due-process emergency-powers eminent-domain fifth-amendment government-action necessity police-power property-rights regulatory-takings takings takings-clause
Key Terms:
Takings DueProcess FifthAmendment JusticiabilityDoctri
Takings DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference:
2023-01-13
Question Presented (AI Summary)
Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity in order to be relieved of its duty of compensation for a taking under the Fifth Amendment?
Question Presented (OCR Extract)
QUESTION PRESENTED Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity in order to be relieved of its duty of compensation for a taking under the Fifth Amendment?
Docket Entries
2023-01-17
Petition DENIED.
2023-01-17
Supplemental Brief (as orders by trial Judge) of Erica Bojicic, et al. submitted.
2023-01-17
Supplemental Brief of petitioners Erica Bojicic, dba Evolve Dance Company, LLC, et al., filed.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-12
Waiver of right of respondents Donna Skoda, David Covell, Joseph Mazzola, Peter Schade and Kirkland Norris to respond filed.
2022-12-08
Waiver of right of respondent Terry Allan, Health Commissioner, Cuyahoga County Board of Health to respond filed.
2022-12-07
Waiver of right of respondents Toledo-Lucas County Health Commissioner Eric Zgodzinski to respond filed.
2022-12-07
Waiver of right of respondent Melba R. Moore, former Health Commissioner for the City of Cincinnati to respond filed.
2022-12-02
Waiver of right of respondent Mysheika Roberts, individually and in her official capacity as Health Commissioner, Director of Columbus Public Health to respond filed.
2022-12-01
Waiver of right of respondents Richard DeWine, Amy Acton, Lance Himes, Stephanie McCloud, Bruce Vanderhoff, State of Ohio to respond filed.
2022-11-21
Petition for a writ of certiorari filed. (Response due December 23, 2022)
Attorneys
Donna Skoda, David Covell, Joseph Mazzola, Peter Schade and Kirkland Norris
Frank H. Scialdone — Mazanec, Raskin & Ryder Co., Respondent
Frank H. Scialdone — Mazanec, Raskin & Ryder Co., Respondent
Erica Bojicic, et al.
Robert John Gargasz — Robert J. Gargasz Co., LPA, Petitioner
Robert John Gargasz — Robert J. Gargasz Co., LPA, Petitioner
Melba R. Moore, former Health Commissioner for the City of Cincinnati
Erica Faaborg — City of Cincinnati Solicitor's Office, Respondent
Erica Faaborg — City of Cincinnati Solicitor's Office, Respondent
Mysheika Roberts, individually and in her official capacity as Health Commissioner, Director of Columbus Public Health
Richard N. Coglianese — Columbus City Attorney's Office, Respondent
Richard N. Coglianese — Columbus City Attorney's Office, Respondent
Richard DeWine, Amy Acton, Lance Himes, Stephanie McCloud, Bruce Vanderhoff, State of Ohio
Benjamin Michael Flowers — Ohio Attorney General Dave Yost, Respondent
Benjamin Michael Flowers — Ohio Attorney General Dave Yost, Respondent
Terry Allan, Health Commissioner, Cuyahoga County Board of Health
Jake A. Elliott — Cuyahoga County Prosecutor's Office, Civil, Respondent
Jake A. Elliott — Cuyahoga County Prosecutor's Office, Civil, Respondent
Toledo-Lucas County Health Commissioner Eric Zgodzinski
Kevin Andrew Pituch — Lucas County Prosecutor's Office, Respondent
Kevin Andrew Pituch — Lucas County Prosecutor's Office, Respondent