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David Greene, Jr., et al. v. Kansas Department of Revenue, et al.

Paid petition · Court of Appeals of Kansas, No. 128,006 · judgment September 26, 2025


Certiorari denied · October 5, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a petition under 3,000 words.

Question presented

When a taking occurs subject to legal authority which is later struck down, does retention of the property without due process in and of itself violate the Fifth Amendment of the Constitution.

Counsel of record

For petitioner
Braxton Thomas Moral
Depew Gillen Rathbun & McInteer, LC

For respondent
Adam D. King
Kansas Department of Revenue

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, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 24 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 03 2026
    Waiver of right of respondent Kansas Department of Revenue, et al. to respond filed.
  4. May 28 2026
    Petition for a writ of certiorari filed. (Response due July 1, 2026)