Supreme Court of the United States · Official docket →
Michael L. Kiser, et al. v. Duke Energy Carolinas, LLC, et al.
Paid petition · Supreme Court of North Carolina, No. 398PA21 · judgment April 28, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Is a state supreme court able to “side-step” the just compensation requirement of the Fifth and Fourteenth Amendments by simply removing preexisting property rights of owners to real property?
-
Is the North Carolina Supreme Court’s decision in holding that an established right of private property no longer exists a taking in violation of the Fifth and Fourteenth Amendments to the United States Constitution?
-
Is the North Carolina Supreme Court’s grant of title and ouster of property rights without payment of just compensation a violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution?
Counsel of record
For petitioner
Dennis Edward Boyle
Boyle & Jasari
For respondent
Mark Lowe Childers
Jones, Childers, Donaldson & Webb, PLLC
Case
Conference history
Distributed for 2 conferences
Proceedings
- Dec 11 2023Petition DENIED.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 08 2023DISTRIBUTED for Conference of 12/1/2023.
- Oct 30 2023Waiver of right of respondents Please see list set forth upon Exhibit A attached hereto: Jeannene H. Allen, et al. to respond filed.
- Oct 24 2023Waiver of right of respondents Thomas E. Schmitt and Karen A. Schmitt, Linda Gail Combs and Robert Donald Shepherd as Trustee. to respond filed.
- Oct 20 2023Waiver of right of respondent Duke Energy Carolinas, LLC to respond filed.
- Sep 18 2023Petition for a writ of certiorari filed. (Response due October 25, 2023)