No. 23-608

In Re Joseph Gothard, et al.

Lower Court: N/A
Docketed: 2023-12-06
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-overreach civil-rights due-process equal-protection injunctive-relief mandamus property-rights standing
Key Terms:
DueProcess Privacy
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Supreme Court grants certiorari to address major questions of national significance regarding agencies suspending laws and asserting authority not delegated by the legislature

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Frederick Road Senior 4% Owner LLC et al. (Frederick Road Senior 4% Owner LLC (19105 Owner) & Montgomery County, MD) caused increased HARM, Health Hazards, violated property rights, due process, equal protection laws and PREVENTED timely appeal for Conditional Use (CU 20-02) of 19105 Frederick Rd, Gaithersburg, MD 20880. The Board of Appeals, Circuit Court, Appellate Court & Supreme Court of Maryland did NOT resolve. : See Board of Appeals, A-6765, A-6780, A-6831, Circuit Court, C-15-CV-22-044400 & C-15-CV-23012, Appellate Court of Maryland, ACM-REG: 0169-2023 & ACM-REG-0803-2023, Supreme Court of Maryland, SCM-PET-0042-2023. Petitioner’s questions are summarized below. 1. Whether the Supreme Court of United States grants certiorari for extraordinary writ considering the major questions of national significance to prevent agencies suspending laws & suspending execution of laws, asserting authority not delegated by legislature ? 2. Whether the Supreme Court of U.S. issues extraordinary writ of mandamus authorized by 28 U. S. C. § 1651(a) with court order that requires government officials to perform duties that they are legally obligated to perform considering that other means are inadequate ? 3. Whether the Supreme Court of U.S. issues extraordinary writ of prohibition with injunction to stop all work at 19105 Frederick Rd, | ! oe { ii i considering that other means are inadequate to stop harm, that without writ relief harm is irreparable and requires substantial remedy for harm, hazards, damages? — ; 4. Whether agencies have authority to violate property rights and equal protection, causing imminent injury ? : 5. Whether agencies, boards, courts have authority to violate due process requirements for Conditional Use, causing HARM ? 6. Whether courts are required to apply laws as intended when they clearly require notification on the day of decision, NO HARM / NO injury — : and — not defer to agency opinions when they are legally NOT correct ? ; i : 7. Whether courts can apply precedence that are NOT correct in all aspects applicable to this case, i when Respondent Owners, County PREVENTED timely appeal and exerted undue influence on government agencies, officials? | 8. Whether attorneys, agencies have the authority . to violate the right for free speech of aggrieved : home owners ? : ; 9. Whether agency Board's and: Court’s had . authority to authorize, allow Owner to construct two (5) story buildings, in violation of property rights, equal protection, dué process, causing ; increased HARM & health hazards to residential communities ? : ; . | i ; . ~ ; iii 10.Whether courts resolve violations of property rights, HARM, hazards and ensure application of “one rule of law”, with “like cases treated alike” ? 11.Whether the Supreme Court of Maryland was correct to deny the petition for writ of certiorari as not in public interest, considering imminent injury & major questions of national significance to protect people, public health, ensure equal : justice, due process, speedy trial in compliance with laws, and hold accountable those who abuse power, violate laws ? 12. Whether boards, courts have authority to violate rights to speedy trial, without delay, according to the Law ? Petitioners submitted 23 questions to the Courts, before this petition and none are resolved from 2020 to October 2023. See

Docket Entries

2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2024-01-08
Waiver of right of respondent Montgomery County, MD to respond filed.
2023-12-28
Waiver of right of respondent Federick Road Senior 4% Owner LLC to respond filed.
2023-08-21
Petition for a writ of mandamus and/or prohibition filed. (Response due January 5, 2024)

Attorneys

Federick Road Senior 4% Owner LLC
Joel S. KlineMiller, Miller & Canby, Respondent
In Re Joseph Gothard, et al.
Joseph Gothard — Petitioner
Montgomery County, MD
Walter Emhal WilsonCounty Attorney's Office, Respondent