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Puntenney v. Iowa Utilities Board

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Petition for certiorari denied on February 24, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-447 Iowa N/A N/A N/A N/A OT 2019

Issues: (1) Whether a state’s exercise of eminent domain satisfies the “public use” requirement of the Fifth Amendment’s takings clause if the only benefits experienced within that state are incidental; and (2) whether a state can satisfy the “public use” requirement of the Fifth Amendment’s takings clause merely by labeling the taking with a traditional category of public use, without engaging in the “public purpose” analysis outlined by Kelo v. City of New London.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 16 2019Application (19A193) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to October 28, 2019, submitted to Justice Gorsuch.
Aug 19 2019Application (19A193) granted by Justice Gorsuch extending the time to file until September 30, 2019.
Aug 20 2019Corrected proof of service filed with respect to application for extension of time.
Sep 30 2019Petition for a writ of certiorari filed. (Response due November 4, 2019)
Oct 10 2019Waiver of right of respondent Iowa Utilities Board to respond filed.
Oct 16 2019Motion to extend the time to file a response from November 4, 2019 to January 6, 2019, submitted to The Clerk.
Oct 16 2019Waiver of right of respondent Office of Consumer Advocate, Iowa Dept. of Justice to respond filed.
Oct 17 2019Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020, for all respondents.
Oct 23 2019Waiver of right of respondent The MAIN Coalition to respond filed.
Jan 06 2020Brief of respondent Dakota Access, LLC in opposition filed.
Jan 20 2020Reply of petitioners Keith Puntenney, et al. filed.
Jan 22 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.