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Ace Partners, LLC, dba TC's Pawn Co. v. Town of East Hartford, Connecticut, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 14-3831-cv · judgment February 28, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 8% cert probability (95% interval 4%–13%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a business petitioner, and down for a state or local-government respondent.

Questions presented

  1. Does a municipality’s refusal to renew the operating license of an established business, thereby causing the destruction of the business, constitute a deprivation of property under the Due Process Clause of the Fourteenth Amendment?

  2. If a municipality violates an established business’s procedural due process rights, which party bears the burden of proving whether the due process violation caused injury?

Counsel of record

For petitioner
James Ross Smart
McElroy, Deutsche, Mulvaney & Carpenter, LLP

For respondent
Thomas R. Gerarde
Howd & Ludorf, LLC

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 1, 2018 · Certiorari denied

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 16 2018
    Reply of petitioner Ace Partners, LLC d/b/a TC's Pawn Company filed.
  4. Jun 29 2018
    Brief of respondents Town of East Hartford and Mark Sirois in opposition filed.
  5. May 29 2018
    Petition for a writ of certiorari filed. (Response due July 2, 2018)