Supreme Court Report

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Joseph E. Blackburn, Jr., et ux. v. Dare County, North Carolina, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-2056 · judgment January 25, 2023

Certiorari denied · October 10, 2023
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 a governmental regulation prohibiting all physical access to a landowner’s property is a “per se” taking under the Fifth Amendment of the United States Constitution.

Counsel of record

For petitioner
Ernest Lee Conner Jr.
Graham Nuckolls Conner Law Firm PLLC

For respondent
Norwood Pitt Blanchard III
Crossley McIntosh Collier Hanley & Edes PLLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 13 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Aug 30 2023
    Brief of respondent Dare County, North Carolina in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  4. Jul 31 2023
    Response Requested. (Due August 30, 2023)
  5. Jun 14 2023
    DISTRIBUTED for Conference of 9/26/2023.
  6. Apr 25 2023
    Petition for a writ of certiorari filed. (Response due May 30, 2023)
    PetitionAppendixCertificate of Word CountProof of Service