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Dorsey Eugene Wallace v. Gary Edward Wallace, et al.

Paid petition · Court of Appeals of Georgia, No. A18A0778 · judgment April 24, 2018

Certiorari denied · October 7, 2019

Pre-decision estimate: 1% cert probability

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

Questions presented

Is there such a thing as a judicial taking? According to the plurality opinion in Stop the Beach, “if a legislature or a court declares that what was once an established right of private property no longer exists, it has taken that property, no less than if the state had physically appropriated it or destroyed its value by regulation.” Id. at 714.
If so, what is the standard for a judicial taking? The property right claimed to have been taken must be well established. Stop the Beach, 560 U.S. at 704.
Did the decision of the Georgia Court of Appeals amount to a judicial taking of Petitioner’s property, his stock ownership in Wallace Electric Company? That is the issue addressed in this Petition. The greater issue is a clear explanation of judicial taking under the Fifth Amendment.

For petitioner
James Lee Ford
James L. Ford, P.C.

For respondent
Grant Edward McBride
Smith, Welch, Webb & White, LLC

Conference history
Distributed for 1 conference

Oct 07 2019
Petition DENIED.
Jul 09 2019
Reply of petitioner Dorsey Eugene Wallace filed. (Distributed)
Jun 26 2019
DISTRIBUTED for Conference of 10/1/2019.
Jun 06 2019
Brief of respondents Gary Edward Wallace, et al. in opposition filed.
May 06 2019
Petition for a writ of certiorari filed. (Response due June 7, 2019)