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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


0%
estimated cert probability
(petition-stage, structural)
GVR risk 0%

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

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

Conference history
Distributed for 1 conference

Proceedings

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