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Ronald DeCoster v. Waushara County Highway Department, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-2387 · judgment November 15, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Are Petitioner’s claims under the URA, the Fifth Amendment and 42 U.S.C. §1983 barred by the doctrine of claim preclusion and res judicata, despite the fact that Petitioner never was provided with notice of his right and an opportunity to request attorney fees and costs under the URA, and thus such were never addressed or ruled upon by the state court? II. Does Petitioner have a right of action under 42 U.S.C. §1983, to enforce his rights under the URA and state law mandating its application, to obtain reasonable attorney fees and litigation costs, as the prevailing party in an inverse condemnation case, in a local government highway project receiving federal funding, which adversely affected his property rights?
Counsel of record
For petitioner
Raymond M. Dall'Osto
Gimbel, Reilly, Guerin & Brown LLP
For respondent
John M. Bruce
Schober Schober & Mitchell, S.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 29 2019Petition DENIED.
- Apr 10 2019DISTRIBUTED for Conference of 4/26/2019.
- Mar 27 2019Waiver of right of respondents Waushara County Highway Department, et al. to respond filed.
- Feb 12 2019Petition for a writ of certiorari filed. (Response due March 28, 2019)