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Rattan Nath v. New Jersey

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-1178-16T1 · judgment April 26, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

Can New Jersey courts provide cover to racial discrimination by imposing strict criminal liability—even when there is no public nuisance or any compromising of public safety, or health— under a vague ordinance used for revenue generation that criminalizes recycling and requires Petitioner to create a public hazard by dumping loose leaves and recyclable debris/mulch on active roadways: all to raise revenue from singled out minority Petitioner by dispensing with Due Process? II. Is it a taking when New Jersey's regulation enforcement vests unfettered discretion in State actors to single out Petitioner for deprivation of meaningful control over his property taken as a whole in order to impose public burdens, such as raising revenue, which, in all fairness and justice, should be borne by the public as a whole

Counsel of record

For petitioner
Rattan Nath

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 05 2019
    Petition for a writ of certiorari filed. (Response due July 11, 2019)