Supreme Court of the United States · Official docket →

Michael Zito, et ux. v. North Carolina Coastal Resources Commission

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1408 · judgment August 9, 2021

Certiorari denied · November 8, 2021

Pre-decision estimate: 23% cert probability (95% interval 15%–33%)

Before the decision, about 5.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

Whether the Fourteenth Amendment’s incorporation of the “self-executing” Just Compensation Clause abrogates state sovereign immunity from federal takings claims?

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Ryan Young Park
North Carolina Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

Nov 08 2021
Petition DENIED.
Oct 20 2021
DISTRIBUTED for Conference of 11/5/2021.
Oct 18 2021
Waiver of right of respondent North Carolina Coastal Resources Commission to respond filed.
Main Document
Oct 08 2021
Petition for a writ of certiorari filed. (Response due November 12, 2021)
Petition Appendix Certificate of Word Count Proof of Service