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David Paul Biesemeyer v. Municipality of Anchorage, Alaska

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-5670 · judgment December 22, 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.

Questions presented

  1. Whether a municipality’s continued retention of surplus proceeds from a tax foreclosure constitutes an ongoing violation of the Takings Clause under Tyler v. Hennepin County, 598 U.S. 631 (2023), when the government still holds the identifiable equity that common-law principles recognize as the former owner’s property.

  2. Whether, under Board of Regents v. Tomanio, 446 U.S. 478 (1980), a borrowed state statute of limita­ tions may bar a § 1983 claim where the government’s own notice procedures allegedly prevented meaningful opportunity to claim surplus equity before the statutory deadline expired.

  3. Whether the Excessive Fines Clause limits a municipality’s retention of surplus equity grossly dis­ proportionate to the underlying tax debt.

Counsel of record

For petitioner
David Paul Biesemeyer

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 24 2026
    Petition for a writ of certiorari filed. (Response due August 21, 2026)