No. 23-1124

Judson Hawkins, et al. v. Ohio Department of Natural Resources

Lower Court: Ohio
Docketed: 2024-04-17
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment 5th-amendment administrative-agency constitutional-interpretation due-process procedural-rights property-rights substantive-rights
Key Terms:
AdministrativeLaw DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This case involves state executive agency actions in relation to individual property owners and whether state statutes and administrative rules can be capriciously and arbitrarily interpreted in such a manner as to deprive an individual property owner of any chance to win against administrative agency actions. The questions raised are the following: (1) Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts? (2) Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution permit a state administrative agency to interpret statutes and administrative rules in such a manner that deny an individual a procedural right to prevail at trial and upon appeal?

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-18
Waiver of right of respondent Ohio Department of Natural Resources to respond filed.
2024-04-15
Petition for a writ of certiorari filed. (Response due May 17, 2024)

Attorneys

Judson Hawkins, et al.
Judson J. HawkinsJudson J. Hawkins, Petitioner
Judson J. HawkinsJudson J. Hawkins, Petitioner
Ohio Department of Natural Resources
Michael Jason HendershotOhio Attorney General's Office, Respondent
Michael Jason HendershotOhio Attorney General's Office, Respondent