Supreme Court Report

Supreme Court of the United States · Official docket →

Ronald W. Ogle, et al. v. Sevier County Regional Planning Commission, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-6327 · judgment December 9, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

Whether initial approval in a land development scheme creates a legitimate claim of entitlement for the purpose of establishing a property interest that is protected under the Fourteenth Amendment via the entitlement test set out in Board of Regents of State Colleges et al v. Roth, 408 U.S. 564, 577 (1972), and adopted by the lower courts. Whether, where relevant state law and local regulations and unambiguous previous actions of a Regional Planning Commission support a legitimate claim of entitlement or justifiable expectation of approval in a land development scheme, the Court should find a property interest that is protected under the Fourteenth Amendment. Whether a Regional Planning Commission, acting in an administrative capacity, is acting arbitrarily and capriciously when it exercises discretion beyond the scope of existing standards and guidelines. Whether this Court should provide a definitive standard of review for citizens that have a substantive due process right not to be subjected to arbitrary and capricious or irrational land use decisions.

Counsel of record

For petitioner
Gregory Brown
Lowe Yeager & Brown PLLC

For respondent
Rhonda Leonard Bradshaw
Spicer Rudstrom PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 21 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 15 2021
    Waiver of right of respondent Sevier County Regional Planning Commission, et al. to respond filed.
  4. Jun 21 2021
    Petition for a writ of certiorari filed. (Response due July 23, 2021)