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John R. Stensrud, et al. v. Rochester Genesee Regional Transportation Authority

Paid petition · Appellate Division, Supreme Court of New York, Fourth Judicial Department, No. CA 23-01077 · judgment May 3, 2024


Certiorari denied · April 28, 2025
Pre-decision estimate: 1% cert probability

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

Question presented

This case is the consequence of the state courts’ elevation of a state regulation over federal law. Thus, the question presented is: whether a state regulation that is construed to preclude expert evidence essential to just compensation controls over clear federal law, or whether federal law governs?

Counsel of record

For petitioner
John Todd Refermat
Refermat & Daniel PLLC

For respondent
Timothy N. McMahon
Bond, Schoeneck & King PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 28 2025
    Petition DENIED.
  2. Apr 09 2025
    DISTRIBUTED for Conference of 4/25/2025.
  3. Apr 03 2025
    Reply of petitioners John R. Stensrud, et al. filed.
  4. Mar 19 2025
    Brief of respondent Rochester Genesee Regional Transportation Authority in opposition filed.
  5. Feb 24 2025
    Petition for a writ of certiorari filed. (Response due March 28, 2025)