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Erica Bojicic, dba Evolve Dance Company, LLC, et al. v. Richard Michael DeWine, Individually and in His Official Capacity as the Governor of Ohio, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-4123 · judgment August 22, 2022

Certiorari denied · January 17, 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

Is the government required to prove with evidence that its action taken during an emergency which intrudes on private property rights was a necessity in order to be relieved of its duty of compensation for a taking under the Fifth Amendment?

Counsel of record

For petitioner
Robert John Gargasz
Robert J. Gargasz Co., LPA

For respondent
Benjamin Michael Flowers
Ohio Attorney General Dave Yost

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 17 2023
    Supplemental Brief of petitioners Erica Bojicic, dba Evolve Dance Company, LLC, et al., filed.
    Main DocumentMain Document
  2. Jan 17 2023
    Petition DENIED.
  3. Dec 28 2022
    DISTRIBUTED for Conference of 1/13/2023.
  4. Dec 12 2022
    Waiver of right of respondents Donna Skoda, David Covell, Joseph Mazzola, Peter Schade and Kirkland Norris to respond filed.
    Main Document
  5. Dec 08 2022
    Waiver of right of respondent Terry Allan, Health Commissioner, Cuyahoga County Board of Health to respond filed.
    Main Document
  6. Dec 07 2022
    Waiver of right of respondents Toledo-Lucas County Health Commissioner Eric Zgodzinski to respond filed.
    Main Document
  7. Dec 07 2022
    Waiver of right of respondent Melba R. Moore, former Health Commissioner for the City of Cincinnati to respond filed.
    Main Document
  8. Dec 02 2022
    Waiver of right of respondent Mysheika Roberts, individually and in her official capacity as Health Commissioner, Director of Columbus Public Health to respond filed.
    Main Document
  9. Dec 01 2022
    Waiver of right of respondents Richard DeWine, Amy Acton, Lance Himes, Stephanie McCloud, Bruce Vanderhoff, State of Ohio to respond filed.
    Main Document
  10. Nov 21 2022
    Petition for a writ of certiorari filed. (Response due December 23, 2022)
    PetitionAppendixCertificate of Word CountProof of Service