Supreme Court of the United States · Official docket →
Bernard Morello, et al. v. Seaway Crude Pipeline Company, LLC
Paid petition · Court of Appeals of Texas, First District, No. 01-16-00765-CV · judgment May 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether eminent domain can be used to as mere pretext to rewrite the parties’ own prior bargains, or otherwise circumvent existing obligations in a previously negotiated, enforceable contract. Whether the Texas Constitution’s adequate compensation standard conflicts with the federal constitutional requirement of just compensation as applied in this case. Whether a state, through judicial action or inaction, may delegate to private entities unbridled, unchallengeable eminent domain authority when courts consistently fail to enforce constitutional limitations.
Counsel of record
For petitioner
Jacqueline Lucci Smith
Lucci Smith Law, PLLC
For respondent
Thomas J. Forestier
Winstead, PC
Proceedings
- Jun 29 2020Petition DENIED.
- Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
- May 29 2020Supplemental Appendix to the Petition filed.
- May 28 2020Waiver of right of respondent Seaway Crude Pipeline Company, LLC to respond filed.
- May 11 2020Petition for a writ of certiorari filed. (Response due June 22, 2020)
- Mar 03 2020Application (19A969) granted by Justice Alito extending the time to file until May 11, 2020.
- Feb 28 2020Application (19A969) to extend the time to file a petition for a writ of certiorari from March 12, 2020 to May 11, 2020, submitted to Justice Alito.