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Trustees of the Thomas E. Proctor Heirs Trust v. Keta Gas & Oil Company, et al.
Paid petition · Superior Court of Pennsylvania, Harrisburg Office, No. 1975 MDA 2018 · judgment December 6, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Due Process Clause of the Fourteenth Amendment requires state governments to provide adequate notice before depriving a citizen of his or her property. U.S. Const. amend. XIV; Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950); Jones v. Flowers, 547 U.S. 220, 234 (2006). In this case, Pennsylvania courts once again have disregarded this constitutional requirement and ignored this Court’s precedent by permitting the deprivation of Petitioners’ property following notice given solely through newspaper publication, a method of notice that this Court views as little more than a “feint,” Mullane, 339 U.S. at 315, even though state officials actually knew the identities and whereabouts of the interested parties. This case presents the following question for this Court’s review: Does the Pennsylvania court’s refusal to apply “preconceived notions of what is reasonable in the age of the Internet,” in the context of a tax sale where the only notice given to a known owner was by publication in local newspapers, justify the categorical disregard of this Court’s decision in Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950), which also preceded the “age of the Internet” by decades yet held notice by publication was inadequate where the identity of the property owner was known?
Counsel of record
For petitioner
Paul Keidel Stockman
Kazmarek Mowrey Cloud Laseter LLP
For respondent
David R. Fine
K & L Gates LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 03 2021Petition DENIED.
- Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
- Mar 29 2021Waiver of right of respondent Anadarko E&P Onshore, LLC to respond filed.
- Mar 29 2021Waiver of right of respondent International Development Corporation to respond filed.
- Mar 16 2021Waiver of right of respondent SWN Production Company, LLC to respond filed.
- Feb 17 2021Petition for a writ of certiorari filed. (Response due March 29, 2021)