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Lee Mulcahy v. Aspen Pitkin County Housing Authority

Paid petition · Court of Appeals of Colorado, No. 16CA1351 · judgment September 14, 2017


Certiorari denied · January 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 •a governmental agency initiating litigation, by virtue of the exhaustion doctrine, be relieved of its obligation to prove the elements of its claim against a "class of one", even when that action is not brought under the Administrative Procedure Act, and even when the trial court has acknowledged a dispute as to material facts? Whether the process APCHA employed, that is, depriving an individual of their home and property without a hearing at the administrative or court level, violated my constitutional rights to due process and equal protection of the laws under the 5th and 14th amendments to our Constitution.

Counsel of record

For petitioner
Lee Mulcahy

For respondent
Thomas Fenton Smith
Thomas Fenton Smith

Case

Conference history
Distributed for 1 conference

Linked docket
18A83

Proceedings

  1. Jan 07 2019
    Motion to defer consideration of the petition for a writ of certiorari DENIED.
  2. Jan 07 2019
    Petition DENIED.
  3. Dec 27 2018
    Motion to defer consideration of the petition for a writ of certiorari filed by petitioner. (Distributed)
  4. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  5. Nov 13 2018
    Brief of respondent Aspen/Pitkin County Housing Authority in opposition filed.
  6. Sep 27 2018
    Petition for a writ of certiorari filed. (Response due November 21, 2018)
  7. Jul 23 2018
    Application (18A83) granted by Justice Sotomayor extending the time to file until September 27, 2018.
  8. Jul 17 2018
    Application (18A83) to extend the time to file a petition for a writ of certiorari from July 29, 2018 to September 27, 2018, submitted to Justice Sotomayor.