Supreme Court of the United States · Official docket →
Cesar Romero, et al. v. Li-Chuan Shih, et al.
Paid petition · Supreme Court of California, No. S275023 · judgment February 1, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and counsel who has filed here before.
Questions presented
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Whether a court order that excludes landowners from their real property and allows other private parties to permanently physically invade and occupy the owners’ land without compensation either effects a taking in violation of the Fifth Amendment to the U.S. Constitution or violates the landowners’ due process rights under the Fourteenth Amendment to the U.S. Constitution?
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Whether the newly decreed judicial doctrine of “implied exclusive easement,” which excludes Landowners from their real property and appropriates (without compensation) a right to permanently physically invade and occupy Landowners’ property for the enjoyment of third parties either effects a per se taking in violation of the Fifth Amendment to the U.S. Constitution or violates Landowners’ 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
Janet Elizabeth Humphrey
Randall Coffee & Humphrey LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 07 2024Petition DENIED.
- Sep 24 2024Reply of petitioners Cesar Romero, et al. filed. (Distributed)
- Jul 10 2024DISTRIBUTED for Conference of 9/30/2024.
- Jun 21 2024Brief of respondents Li-Chuan Shih, et al. in opposition filed.
- May 22 2024Response Requested. (Due June 21, 2024)
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 08 2024Waiver of right of respondent Li-Chuan Shih, et al. to respond filed.
- Apr 19 2024Petition for a writ of certiorari filed. (Response due May 23, 2024)