Supreme Court of the United States · Official docket →
Keith Puntenney, et al. v. Iowa Utilities Board, et al.
Paid petition · Supreme Court of Iowa, No. 17-0423 · judgment May 31, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does a state’s exercise of eminent domain satisfy the “public use” requirement of the Fifth Amendment’s Takings Clause if the only benefits experienced within that state are incidental? Can a state satisfy the “public use” requirement of the Fifth Amendment’s Takings Clause merely by labeling the taking with a traditional category of public use, without engaging in the “public purpose” analysis outlined by Kelo v. City of New London, 545 U.S. 469 (2005)?
Counsel of record
For petitioner
Eduardo Enrique Santacana
Keker, Van Nest & Peters LLP
For respondent
David John Debold
Gibson, Dunn & Crutcher LLP
Proceedings
- Feb 24 2020Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Jan 22 2020DISTRIBUTED for Conference of 2/21/2020.
- Jan 20 2020Reply of petitioners Keith Puntenney, et al. filed.
- Jan 06 2020Brief of respondent Dakota Access, LLC in opposition filed.
- Oct 23 2019Waiver of right of respondent The MAIN Coalition to respond filed.
- Oct 17 2019Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020, for all respondents.
- Oct 16 2019Motion to extend the time to file a response from November 4, 2019 to January 6, 2019, submitted to The Clerk.
- Oct 16 2019Waiver of right of respondent Office of Consumer Advocate, Iowa Dept. of Justice to respond filed.
- Oct 10 2019Waiver of right of respondent Iowa Utilities Board to respond filed.
- Sep 30 2019Petition for a writ of certiorari filed. (Response due November 4, 2019)
- Aug 20 2019Corrected proof of service filed with respect to application for extension of time.
- Aug 19 2019Application (19A193) granted by Justice Gorsuch extending the time to file until September 30, 2019.
- Aug 16 2019Application (19A193) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to October 28, 2019, submitted to Justice Gorsuch.