No. 23-676

Antonio Padilla v. Sally Hulse, Osage County Treasurer, et al.

Lower Court: Oklahoma
Docketed: 2023-12-22
Status: Denied
Type: Paid
Tags: certified-mail civil-procedure constitutional-notice due-process first-class-mail jones-v-flowers notice property-rights takings tax-resale tax-sale
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-02-23
Question Presented (AI Summary)

Did the county treasurer fail to meet the 'additional reasonable steps' standard of Jones v. Flowers

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION NO. 1: Did the county treasurer — following the return of a pre-sale, tax resale notice statutorily mailed by certified mail, and then following up with merely a subsequent first class mailing — fail to meet the “additional reasonable steps” standard of Jones v. Flowers, 126 S. Ct. 1708 (2006) for providing minimum constitutional notice by failing to post said notice to the entrance to the premises accessible only by a readily discoverable gate, when the treasurer testified that there were no impediments relative to manpower or costs for posting a notice to the gate, and when the treasurer knew, or had reason to know, that the premises was being used for business activities? QUESTION NO. 2: Did the trial court fail to meet the “additional reasonable steps” standard of Jones v. Flowers, 126 8S. Ct. 1708 (2006) for providing minimum constitutional notice by emphatically and insistently relying on a non-existent fact for in support of its ruling? QUESTION NO. 3: Did the trial court violate the minimum constitutional notice requirements set forth in Mullane v. Central Hanover Bank & Trust Co., 70 S.Ct. 652 (1950) by affirming service by first class mail upon the Petitioner at an address of his ex-wife following the return of a pre-sale, tax resale notice statutorily mailed by certified mail?

Docket Entries

2024-02-26
Petition DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2023-12-15
Petition for a writ of certiorari filed. (Response due January 22, 2024)

Attorneys

Antonio Padilla
Steven Lee HolcombeSteven L. Holcombe, Attorney at Law, Petitioner
Steven Lee HolcombeSteven L. Holcombe, Attorney at Law, Petitioner