Supreme Court of the United States · Official docket →
Bowers Development, LLC v. Oneida County Industrial Development Agency, et al.
Paid petition · Appellate Division, Supreme Court of New York, Fourth Judicial Department, No. 22-0074 · judgment February 2, 2024
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a business petitioner.
Questions presented
Kelo v. City of New London, 545 U.S. 469 (2004), held that when the government uses eminent domain to take property from a private owner to give it to a different private owner—where the taking occurs as part of a comprehensive economicredevelopment plan and where the identity of the new private owner was unknown at the time of the taking—the taking may be justified by asserted secondary public benefits subject only to minimal rational-basis review. The questions presented are:
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Does the Public Use Clause require something more than minimal rational-basis review when the government takes land from one private owner to give it to a specifically identified private owner outside the context of a comprehensive economicredevelopment plan?
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Should Kelo be overturned?
Counsel of record
For petitioner
Robert James McNamara
Institute for Justice
For respondent
Paul Joseph Goldman
Goldman Attorneys PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Proceedings
- Mar 24 2025Petition DENIED.
- Mar 05 2025DISTRIBUTED for Conference of 3/21/2025.
- Feb 28 2025Electronic record received from the Appellate Division, Supreme Court of New York, Fourth Judicial Department.
- Feb 18 2025Record Requested.
- Feb 05 2025DISTRIBUTED for Conference of 2/21/2025.
- Feb 03 2025Reply of petitioner Bowers Development, LLC filed.
- Jan 21 2025Brief of respondents Oneida County Industrial Development Agency, et al. in opposition filed.
- Jan 21 2025Brief amicus curiae of County of Oneida, New York filed.
- Jan 21 2025Brief amici curiae of Cato Institute, et al. filed.
- Jan 21 2025Brief amicus curiae of The Buckeye Institute filed.
- Dec 18 2024Petition for a writ of certiorari filed. (Response due January 21, 2025)