Supreme Court of the United States · Official docket →
Tatana Spicakova Romero, et vir v. Li-Chuan Shih, et al.
Paid petition · Court of Appeal of California, Second Appellate District, No. B310069 · judgment May 5, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Whether a court order that excludes land owners from their real property and allows other private parties to physically invade and occupy the owners’ land either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates the land owners’ due process rights under the Fourteenth Amendment to the U.S. Constitution?
-
Whether a judicially created “equitable” doctrine that gives Landowner A the exclusive use of Landowner B’s property under the guise of an “easement” either effects a taking in violation of the Fifth Amendment to the U.S. Constitution and/or violates Landowner B’s due process rights under the Fourteenth Amendment to the U.S. Constitution?
Counsel of record
For petitioner
D. Kent Safriet
Holtzman Vogel Baran Torchinsky & Josefiak
For respondent
—
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 17 2023Petition DENIED.
- Dec 28 2022DISTRIBUTED for Conference of 1/13/2023.
- Dec 01 2022Motion to defer consideration of the petition for a writ of certiorari filed by petitioners.
- Nov 08 2022Petition for a writ of certiorari filed. (Response due December 12, 2022)