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Franciscan Alliance, Inc., et al. v. Indiana

Paid petition · Supreme Court of Indiana, No. 24S-PL-00118 · judgment October 31, 2024


Certiorari denied · March 3, 2025
Pre-decision estimate: 10% cert probability (95% interval 6%–18%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

The State of Indiana undisputedly took the Petitioners property through eminent domain procedures to complete a road project. The completed project changed the Petitioners valuable commercial uses into far less valuable residential uses. A jury awarded Petitioners significant monetary damages based upon evidence arising from damages caused by the project as a whole. Ultimately, the Indiana Supreme Court reversed the award, voiding all just compensation holding that just compensation must arise from the loss of a particular property right as the Petitioners had no property right as to the project as a whole. The question presented is: When the government undisputedly takes a real property right, is a landowner entitled to just compensation from the imposition of a project as a whole, or must just compensation solely be directly tied to the loss of specific property rights?

Counsel of record

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

For respondent
James Allen Barta
Office of the Indiana Attorney General

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, March 3, 2025 · Certiorari denied

Proceedings

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Feb 05 2025
    Waiver of right of respondent State of Indiana to respond filed.
  4. Jan 28 2025
    Petition for a writ of certiorari filed. (Response due March 3, 2025)