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Woodcrest Homes, Inc. v. Carousel Farms Metropolitan District

Paid petition · Supreme Court of Colorado, No. 18SC30 · judgment June 10, 2019


Certiorari denied · March 23, 2020
Pre-decision estimate: 3% cert probability

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

Question presented

Is the Fifth Amendment’s restriction of eminent domain to “public use[s]” satisfied even if a condemnation is undertaken “for the purpose of conferring a private benefit on a particular private party”?

Counsel of record

For petitioner
Jeffrey Hallett Redfern
Institute for Justice

For respondent
Mark Christopher Fleming
WilmerHale

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A175

Order
Order list, March 23, 2020 · Certiorari denied

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 24 2020
    Reply of petitioner Woodcrest Homes, Inc. filed. (Distributed)
  4. Feb 10 2020
    Brief of respondent Carousel Farms Metropolitan District in opposition filed.
  5. Dec 10 2019
    Brief amici curiae of Southeastern Legal Foundation, et al. filed.
  6. Nov 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
  7. Nov 19 2019
    Motion to extend the time to file a response from December 12, 2019 to February 10, 2020, submitted to The Clerk.
  8. Nov 13 2019
    Blanket Consent filed by Petitioner, Woodcrest Homes, Inc.
  9. Nov 12 2019
    Consent to the filing of amicus briefs received from counsel for Woodcrest Homes, Inc. not accepted for filing. (November 13, 2019 -- Corrected version to be submitted)
  10. Nov 07 2019
    Petition for a writ of certiorari filed. (Response due December 12, 2019)
  11. Aug 21 2019
    Blanket Consent of Woodcrest Homes, Inc. not accepted for filing. (September 05, 2019)
  12. Aug 16 2019
    Application (19A175) granted by Justice Sotomayor extending the time to file until November 7, 2019.
  13. Aug 12 2019
    Application (19A175) to extend the time to file a petition for a writ of certiorari from September 8, 2019 to November 7, 2019, submitted to Justice Sotomayor.