No. 24-186

Pamela Antosh, et al. v. Village of Mount Pleasant, Wisconsin, et al.

Lower Court: Seventh Circuit
Docketed: 2024-08-21
Status: Denied
Type: Paid
Tags: colorado-river-doctrine constitutional-rights eminent-domain fifth-amendment judicial-abstention public-use-claim
Key Terms:
SocialSecurity Takings DueProcess FifthAmendment Securities
Latest Conference: 2024-12-13
Question Presented (AI Summary)

Whether the court of appeals erred in affirming the district court's application of the Colorado River doctrine when the Village of Mount Pleasant used eminent domain to take private property for a private purpose and state proceedings were statutorily barred from addressing constitutional claims

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the court of appeals erred in affirming the district court, when the Village of Mount Pleasant admitted that it had used eminent domain to take private property for a private purpose (the Foxconn Project), and the district court applied the Colorado River doctrine sua sponte even though the state proceedings were not parallel because the state proceedings were statutorily barred from addressing the Petitioners’ Fifth Amendment public-use claim as well as other constitutional issues.

Docket Entries

2024-12-16
Petition DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-04
Brief of respondents Village of Mount Pleasant, et al. in opposition filed.
2024-09-12
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2024.
2024-09-10
Motion to extend the time to file a response from September 20, 2024 to November 4, 2024, submitted to The Clerk.
2024-07-24
Petition for a writ of certiorari filed. (Response due September 20, 2024)

Attorneys

Pamela Antosh, et al.
Erik Samuel OlsenEminent Domain Services, LLC, Petitioner
Erik Samuel OlsenEminent Domain Services, LLC, Petitioner
Village of Mount Pleasant, David DeGroot and Village of Mount Pleasant Community Development Authority
Christopher Avallonevon Briesen & Roper, s.c., Respondent
Christopher Avallonevon Briesen & Roper, s.c., Respondent
Christopher E. Avallonevon Briesen & Roper, s.c., Respondent
Christopher E. Avallonevon Briesen & Roper, s.c., Respondent