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Puntenney v. Iowa Utilities Board

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

Issue: (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)
08/16/2019Application (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.
08/19/2019Application (19A193) granted by Justice Gorsuch extending the time to file until September 30, 2019.
08/20/2019Corrected proof of service filed with respect to application for extension of time.
09/30/2019Petition for a writ of certiorari filed. (Response due November 4, 2019)
10/10/2019Waiver of right of respondent Iowa Utilities Board to respond filed.
10/16/2019Motion to extend the time to file a response from November 4, 2019 to January 6, 2019, submitted to The Clerk.
10/16/2019Waiver of right of respondent Office of Consumer Advocate, Iowa Dept. of Justice to respond filed.
10/17/2019Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2020, for all respondents.
10/23/2019Waiver of right of respondent The MAIN Coalition to respond filed.
01/06/2020Brief of respondent Dakota Access, LLC in opposition filed.
01/20/2020Reply of petitioners Keith Puntenney, et al. filed.
01/22/2020DISTRIBUTED for Conference of 2/21/2020.
02/24/2020Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.