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L.D. Drilling, Inc., et al. v. Northern Natural Gas Company

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 15-3272 ,15-3278, 15-3279 ,15-3285, 15-3286 · judgment July 11, 2017

Certiorari denied · January 16, 2018

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Whether there is a Fifth Amendment claim for a “judicial taking,” as a plurality of this Court held in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 560 U.S. 702 (2010).
If so, whether the Tenth Circuit’s decision here, which is contrary to Kansas law and extinguished petitioners’ property interests as of June 2, 2010, constitutes a judicial taking. (i)

For petitioner
—

For respondent
Richard A. Olmstead
Kutak Rock, LLP

Conference history
Distributed for 1 conference

Linked docket
17A597

Jan 16 2018
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
Dec 27 2017
DISTRIBUTED for Conference of 1/12/2018.
Dec 15 2017
Waiver of right of respondent Northern Natural Gas Company to respond filed.
Dec 07 2017
Application (17A597) denied by Justice Sotomayor.
Nov 20 2017
Petition for a writ of certiorari filed. (Response due December 29, 2017)
Nov 20 2017
Application (17A597) to recall and stay mandate pending the disposition of the petition for a writ of certiorari, submitted to Justice Sotomayor.
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