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Alexander Gallo v. District of Columbia

Paid petition · District of Columbia Court of Appeals, No. 21-CV-37 · judgment October 7, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

In 2020, several states and municipalities imposed uncompensated “eviction ban” moratoria. This petition concerns the District of Columbia’s municipal ban- held unconstitutional by the District’s Superior Court. The questions presented are:

  1. Whether a Legislature’s Closing of Landlord-Tenant Court Violates Access to the Court

  2. Whether Fundamental Rights of Property are Fundamental Rights Warranting Strict Scrutiny

  3. Whether the Withdrawal of Possessory Remedy Against a Lessee in Breach of Contract Violates the Contract Clause

  4. Whether Knick v. Township of Scott, 588 U.S. (2019) Abolished Declaratory or Injunctive Relief for a Continuous Taking

  5. Whether Suspension of a Homeowner’s Right to Possess or Exclude is a Taking of Property % ,.■

Counsel of record

For petitioner
Alexander Gallo

For respondent
Loren L. AliKhan
D.C. Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 06 2022
    Motion for leave to file a petition for rehearing filed by petitioner DENIED.
  2. May 17 2022
    Motion DISTRIBUTED for Conference of 6/2/2022.
  3. May 04 2022
    Motion for leave to file a petition for rehearing filed by petitioner.
  4. Jan 10 2022
    Petition DENIED.
  5. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  6. Dec 09 2021
    Waiver of right of respondent District of Columbia to respond filed.
  7. Nov 23 2021
    Petition for a writ of certiorari filed. (Response due January 3, 2022)