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CBS MN Properties, LLC v. Hennepin County, Minnesota

Paid petition · Court of Appeals of Minnesota, No. A23-0859 · judgment March 25, 2024


Certiorari denied · November 4, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a business petitioner.

Questions presented

A county unquestionably used real property that denied access to private property and allowed the private property owner to restore the denied access at the owner’s own expense, without county reimbursement. Although at trial a jury awarded substantial damages, the appellate court would eventually reduce damage to zero. The questions presented are:

  1. When the government undisputedly takes a real property right, does a court have an independent duty to ensure that just compensation is more than $0?

  2. Where there is a temporary taking of property rights, is it required under the Fifth Amendment to measure just compensation using the rental value of the property for the time it is taken?

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
Joseph E. Trojack
Hennepin County Attorney's Office

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 4, 2024 · Certiorari denied

Proceedings

  1. Nov 04 2024
    Petition DENIED.
  2. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  3. Sep 26 2024
    Waiver of right of respondent The County of Hennepin to respond filed.
  4. Sep 19 2024
    Petition for a writ of certiorari filed. (Response due October 24, 2024)