Supreme Court of the United States · Official docket →
Judson Hawkins, et al. v. Ohio Department of Natural Resources
Paid petition · Court of Appeals of Ohio, Franklin County, No. 22AP-689 · judgment September 28, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This case involves state executive agency actions in relation to individual property owners and whether state statutes and administrative rules can be capriciously and arbitrarily interpreted in such a manner as to deprive an individual property owner of any chance to win against administrative agency actions. The questions raised are the following:
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Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts?
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Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution permit a state administrative agency to interpret statutes and administrative rules in such a manner that deny an individual a procedural right to prevail at trial and upon appeal?
Counsel of record
For petitioner
Judson J. Hawkins
Judson J. Hawkins
For respondent
Michael Jason Hendershot
Ohio Attorney General's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- May 13 2024Petition DENIED.
- Apr 23 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 18 2024Waiver of right of respondent Ohio Department of Natural Resources to respond filed.
- Apr 15 2024Petition for a writ of certiorari filed. (Response due May 17, 2024)