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Douglas Bruce v. Ogden City Corporation, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 22-4114 · judgment December 1, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 2% cert probability

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

Question presented

Whether the statute of limitations for a Section 1983 takings claim for the unconstitutional deprivation of private property (specifically real estate) can begin to run before the municipal action that caused the property owner to sacrifice all economically beneficial uses has transpired? And further, whether the Tenth Circuit Court of Appeals used the proper unit of property to measure if Mr. Bruce was forced to sacrifice all economically beneficial uses of his property? And finally, whether the 14th Amendment’s due process provisions permit the mayor of a city with a political or policy interest in the demolition of a building to act as the judge who determines whether a city will order the demolition of that building?

Counsel of record

For petitioner
Aaron Christopher Garrett
Nonprofit Legal Services of Utah

For respondent
Stephen Floyd Noel
Smith Knowles, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jun 26 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jun 04 2024
    Waiver of right of respondent Ogden City Corporation, et al. to respond filed.
  4. Apr 01 2024
    Petition for a writ of certiorari filed. (Response due July 3, 2024)