Supreme Court Report

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John Pietsch, et al. v. Ward County, North Dakota, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-1728 · judgment March 16, 2021


Certiorari denied · November 22, 2021
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Does the violation of the “unconstitutional conditions doctrine” for an extortionate exaction under Nollan v. California Coastal Commission, 483 U.S. 837 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994), create a stand-alone cause of action?

  2. If the violation of the “unconstitutional conditions doctrine” for an extortionate exaction prior to a Fifth Amendment takings is a stand-alone cause of action, what is the appropriate remedy?

Counsel of record

For petitioner
Karen Budd-Falen
Budd-Falen Law Offices, LLC

For respondent
John Edward Ward
Zuger Kirmis & Smith PLLP

Case

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

Conference history
Distributed for 1 conference

Order
Order list, November 22, 2021 · Certiorari denied

Proceedings

  1. Nov 22 2021
    Petition DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Nov 01 2021
    Reply of petitioner John Pietsch filed. (Distributed)
  4. Oct 15 2021
    Brief of respondents Ward County, North Dakota and the Board of County Commissioners for Ward County, North Dakota in opposition filed.
  5. Sep 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2021.
  6. Sep 03 2021
    Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
  7. Aug 12 2021
    Petition for a writ of certiorari filed. (Response due September 15, 2021)