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Janet L. Himsel, et al. v. 4/9 Livestock, LLC, et al.

Paid petition · Court of Appeals of Indiana, No. 18A-PL-645 · judgment April 22, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

Does a state statute violate the Takings Clause of the United States Constitution when it provides complete immunity from nuisance and trespass liability for an industrial-scale hog facility newly sited next to long-standing family homes, even though the facility causes noxious waste substances to continuously invade those homes, making it impossible for the families to use and enjoy their properties where they have lived for decades?

Counsel of record

For petitioner
Katherine Anne Meyer
Harvard Law School Animal Law & Policy Clinic

For respondent
Christopher Joseph Braun
Plews Shadley Racher & Braun LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Sep 25 2020
    Reply of petitioners Janet Himsel, et al. filed.
  3. Sep 09 2020
    DISTRIBUTED for Conference of 9/29/2020.
  4. Aug 26 2020
    Brief of respondent State of Indiana in opposition filed.
  5. Aug 25 2020
    Brief of Non-Governmental Respondents in opposition filed.
  6. Aug 21 2020
    Brief amici curiae of Indiana Farmers Union, et al. filed.
  7. Aug 19 2020
    Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
  8. Aug 18 2020
    Motion to extend the time to file a response from August 24, 2020 to August 31, 2020, submitted to The Clerk.
  9. Jul 17 2020
    Petition for a writ of certiorari filed. (Response due August 24, 2020)