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Billie Smith, et al. v. Tara Medina, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1303 · judgment October 11, 2024


Certiorari denied · March 31, 2025
Pre-decision estimate: 0% cert probability

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

Question presented

Without finding the state law they obliterate violates the US Constitution, Federal Law, or the supremacy clause, the US Court of Appeals for the Tenth Circuit by decree indeed obliterates Colorado OWTS Law without even admitting its existence, removing permit requirements from the TEXT of Colorado Law in its review of the District Court’s rational basis review - justifying exoneration of respondents. But, because, Colorado law already requires “Final Inspection”., “before the system is placed in use, to determine that the work has been performed in accordance with the permit” [CRS 25-10-106(h)] the decree by the Tenth Circuit serves no legal purpose, is arbitrary and capricious having no substantial relation to, nor advancing any legitimate government interest. Petitioners assert the decree violates the sovereignty of Colorado; endorses lawlessness and inflicts undue health risks on Smiths; is prejudicial and unduly deferential to respondents Medina and Romero, and only serves to coerce Smiths and others like Smiths to violate Colorado Law and damage Smiths and others like Smiths. Smiths don’t want to violate Colorado OWTS law and don’t want

Counsel of record

For petitioner
Billie Smith

For respondent
Bernard Woessner
Nathan Dumm & Mayer P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 31 2025
    Petition DENIED.
  2. Mar 12 2025
    DISTRIBUTED for Conference of 3/28/2025.
  3. Feb 24 2025
    Brief of respondents Tara Medina, et al. in opposition filed.
  4. Jan 08 2025
    Petition for a writ of certiorari filed. (Response due February 24, 2025)