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Bay Point Properties, Incorporated v. Mississippi Transportation Commission, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-60674 · judgment August 27, 2019


Certiorari denied · March 30, 2020
Pre-decision estimate: 16% cert probability (95% interval 11%–22%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent and a petition filed soon after the judgment below.

Question presented

Whether the “self-executing” Just Compensation Clause abrogates a State’s Eleventh Amendment immunity, allowing a property owner to sue the State for a taking of property.

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Christopher Martin Howdeshell
Pittman Howdeshell, PLLC

Case

Conference history
Distributed for 1 conference

Linked docket
19A436

Proceedings

  1. Mar 30 2020
    Petition DENIED.
  2. Mar 11 2020
    DISTRIBUTED for Conference of 3/27/2020.
  3. Mar 05 2020
    Reply of petitioner Bay Point Properties, Incorporated filed.
  4. Feb 20 2020
    Brief of respondents Mississippi Transportation Commission, et al. in opposition filed.
  5. Dec 31 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2020.
  6. Dec 30 2019
    Motion to extend the time to file a response from January 22, 2020 to February 20, 2020, submitted to The Clerk.
  7. Dec 19 2019
    Petition for a writ of certiorari filed. (Response due January 22, 2020)
  8. Oct 21 2019
    Application (19A436) granted by Justice Alito extending the time to file until December 20, 2019.
  9. Oct 17 2019
    Application (19A436) to extend the time to file a petition for a writ of certiorari from November 25, 2019 to December 20, 2019, submitted to Justice Alito.