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Robert G. Hicks v. City of Hopkinsville, Sewerage and Water Works Commission, dba Hopkinsville Water Environment Authority

Paid petition · Court of Appeals of Kentucky, No. 2021-CA-0219-MR · judgment April 8, 2022


Certiorari denied · February 21, 2023
Pre-decision estimate: 0% cert probability

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

Question presented

In an eminent domain proceeding in state court involving non-residents, does a failure to cite in any pleadings preceding essentially a default judgment (or in that judgment itself ) the statute establishing jurisdiction and the statute or civil rule establishing the legal authority for service of process undertaken and a failure to demonstrate in the court file any actual service on either respondent or any reasonable rationale for actual service of process not being made, cause that judgment to fail to comply with the Due Process Clause under the 14th Amendment, Section 1, of the U. S. Constitution? Does depublication by a state’s highest court of one of its intermediate court’s clearly erroneous opinions (which included an express refusal to address U. S. Constitutional law issues as being “moot”) without granting requested discretionary review, deny an adversely impacted party to the litigation Due Process, and protection of the Supremacy Clause (Article VI, Paragraph 2) and/or Equal Protection of the law under the 14th Amendment, Section 1, of the U. S. Constitution?

Counsel of record

For petitioner
Robert George Hicks
Robert G. Hicks

For respondent
Jeremy S. Rogers
Dinsmore and Shohl LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 21 2023
    Petition DENIED.
  2. Jan 25 2023
    DISTRIBUTED for Conference of 2/17/2023.
  3. Jan 24 2023
    Waiver of right of respondent City of Hopkinsville Sewerage and Water Works Commission d/b/a Hopkinsville Water Environment Authority to respond filed.
  4. Jan 09 2023
    Petition for a writ of certiorari filed. (Response due February 21, 2023)