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Leo Lech, et al. v. Chief John A. Jackson, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1051 · judgment October 29, 2019

Certiorari denied · June 29, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.

Question presented

Using explosives and a battering ram attached to an armored personnel carrier, the Greenwood Village Police Department intentionally destroyed Petitioners’ house. Afterwards, they offered the family $5,000 “to help with temporary living expenses.” The family sued, arguing that they were entitled to Just Compensation under the Fifth Amendment for the intentional destruction of their house. The Tenth Circuit, however, held that no compensation was due because the home was destroyed pursuant to the police power rather than the power of eminent domain. The question presented is whether there is a categorical exception to the Just Compensation Clause when the government takes property while acting pursuant to its police power.

Counsel of record

For petitioner
Jeffrey Hallett Redfern
Institute for Justice

For respondent
J. Andrew Nathan
Nathan, Bremer, et al.

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

  1. Jun 29 2020
    Petition DENIED.
  2. Jun 09 2020
    DISTRIBUTED for Conference of 6/25/2020.
  3. Jun 08 2020
    Reply of petitioners Leo Lech, et al. filed. (Distributed)
  4. Jun 03 2020
    Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioners.
  5. Jun 03 2020
    Brief of respondents The City of Greenwood Village, et al. in opposition filed.
  6. Apr 15 2020
    Brief amici curiae of The Cato Institute and Professor Ilya Somin filed.
  7. Apr 15 2020
    Brief amicus curiae of Onwers' Counsel of America filed.
  8. Apr 14 2020
    Brief amicus curiae of Pacific Legal Foundation filed.
  9. Apr 08 2020
    Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
  10. Apr 06 2020
    Motion to extend the time to file a response from April 15, 2020 to June 3, 2020, submitted to The Clerk.
  11. Mar 11 2020
    Petition for a writ of certiorari filed. (Response due April 15, 2020)