No. 23-673

In Re Jeffrey Lance Hill, Sr.

Lower Court: N/A
Docketed: 2023-12-21
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 5th-amendment civil-procedure federal-jurisdiction fifth-amendment property-rights res-judicata rooker-feldman rooker-feldman-doctrine standing takings takings-clause
Key Terms:
SocialSecurity DueProcess Takings Securities JusticiabilityDoctri
Latest Conference: 2024-04-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the Rooker-Feldman doctrine bars a federal court from considering a takings claim under the Fifth Amendment when the state court proceedings did not actually decide the federal takings issue

Question Presented (OCR Extract)

QUESTIONS PRESENTED Jeffrey Lance Hill, Sr. filed a complaint in the United States District Court, Middle District of Florida, on August 7, 2020, involving an Amendment V Taking of his family farm. The District Court dismissed the Complaint on May 21, 2021, applying the RookerFeldman Doctrine. Hill appealed to the 11th Cireuit Court (No.: 2112271). The 11% Circuit vacated and remanded the case. The District Court dismissed the Complaint again on June 9, 2023; granting immunity and applying res judicata. Hill appealed (No.: 23-12231-D) to the 11‘ Circuit Court. The Clerk filed Notice of Briefing on August 15, 2023 indicating appendices due by August 22, 2023. The Clerk of the 11 Circuit dismissed the appeal on August 23, 2023. Hill called the 11th Cir. Court administration at 404-335-6135, on August 22, 2023 at 9:51 A.M. to request extension of time to file appendices. The phone receptionist, on August 22, 2023, said; “I can’t give you the 30 day extension because the case is already closed.” Hill filed a written Motion for Extension of Time on that same day. The questions presented are: 1. Whether the United States Court of Appeals for the Eleventh Circuit erred by dismissing . Appeal No. 23-12231-D on August 23, 2023, li with Appellant’s Motion for Extension of Time pending; disregarding Local Rule 42-1(b) and effecting a violation of the Due Process Clause and the Rule of Law; and 2. Whether state court judges possess judicial immunity to take real property without just , compensation when the taking began directly through a state agency permitting process effecting a violation of the Takings Clause of the U.S. Constitution; and 3. Whether the elements of res judicata exist in this case to justify dismissal in the trial court. PARTIES The Petitioner is Jeffrey Lance Hill, Sr.. The Respondent is David J. Smith, Clerk of Court for the United States Court of Appeals for the Eleventh Circuit, at 56 Forsyth Street N.W., Atlanta, Georgia 30303. Other parties are Leandra G. Johnson, Gregory S. Parker, William F. Williams, III, represented by Timothy L. Newhall at PL-1, the Capitol, 400 South Monroe Street, Tallahassee, Florida 32399; Joel F. Foreman, City of Lake City, Florida, Michael Smallridge, represented by Susan S. Erdelyi at 1200 Riverplace Blvd., Suite 800, Jacksonville, Florida 32207; Jennifer B. Springfield, represented by F. Emory Springfield at 806 NW 16% Ave., Gainesville, Florida 32601; Suwannee River Water Management District, represented by David C. Willis at P.O. Box 1873, Orlando, Florida 32802; and Columbia County, Florida, tepresented by Dale A. Scott at 2707 East Jefferson Street, Orlando, Florida 32803, iv RELATED CASES United States District Court Hill v. Johnson, et al; No.: 3:20-cv-0895 (M.D. Fla.) United States Court of Appeals for the 11* Circuit Hill v. Suwannee River Water Management District: No.: 16-11387 Hill v. Johnson, et al; No.: 18-12215 Hill v. Johnson, et al; No.: 21-11273 Hill v. Johnson, et al; No.: 21-12271 Hill v. Johnson, et al; No.: 23-12231

Docket Entries

2024-04-15
Rehearing DENIED.
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-13
Petition for Rehearing filed.
2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-23
Waiver of right of respondent Suwannnee River Water Management District to respond filed.
2023-12-16
Petition for a writ of mandamus filed. (Response due January 22, 2024)

Attorneys

Jeffrey L. Hill
Jeffrey Lance Hill Sr. — Petitioner
Jeffrey Lance Hill Sr. — Petitioner
Suwannnee River Water Management District
Chase HattawayRumberger, Kirk & Caldwell, P.A., Respondent
Chase HattawayRumberger, Kirk & Caldwell, P.A., Respondent