Robert G. Hicks, Individually and as Trustee of the Roberta Cherry Hicks Testamentary Trust v. City of Hopkinsville, Sewerage and Water Works Commission, dba Hopkinsville Water Environment Authority
DueProcess Takings
Does a state court's failure to follow its own statutory authority in an eminent domain proceeding violate due process rights of non-resident landowners when the state supreme court refuses discretionary review?
In an eminent domain proceding in state court involving non-residents, does a failure to cite or follow that state’s own clear statutory and decisional authority concerning issuance of a summons in an eminent domain proceeding cause that interlocutory judgment authorizing the taking to fail to pass muster under the Due Process Clause under the 14th Amendment of the U. S. Constitution and be subject to U S Supreme Court review when that state’s supreme court refuses to grant discretionary review when such facts and authority are presented and the case has not proceeded beyond a special appearance contesting jurisdiction? Does a state’s highest court’s failure to grant discretionary review of one of its state’s intermediate appellate court’s basic reiteration of an earlier depublished opinion which fails to mention or review under that state’s supreme court controlling decisional authority, constitute an impermissible abuse of discretion and thereby deny an adversely impacted litigant Due Process of Law under the 14th Amendment of the U. S. Constitution?