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Michael Fernandez, D.D.S., LTD., a Division of Atlantic Dental Care, PLC, et al. v. Stephen C. Brich, P.E., Individually and in His Official Capacity as Commissioner of Highways, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-1658 · judgment July 7, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Is Appellants’ non-zoning related equal protection claim based upon a “class-of-one theory” subject to the heightened pleading standard for similarly situated comparators as set forth in SAS Assocs. 1, LLC v. City Council for City of Chesapeake, Virginia, 91 F.4th 715 (4th Cir. 2024), which is applicable only to zoning cases?
Counsel of record
For petitioner
Norman Allan Thomas
Norman A. Thomas, PLLC
For respondent
Kevin Michael Gallagher
Virginia Office of the Attorney General
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 21 2025Waiver of right of respondent Stephen Brich, et al. to respond filed.
- Nov 03 2025Petition for a writ of certiorari filed. (Response due December 5, 2025)