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Himsel v. 4/9 Livestock, LLC

Petition for certiorari denied on October 5, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
20-72 Ind. Ct. App. N/A N/A N/A N/A OT 2020

Issue: Whether a state statute violates the takings clause of the United States Constitution when it provides complete immunity from nuisance and trespass liability for an industrial-scale hog facility newly sited next to long-standing family homes, even though the facility causes noxious waste substances to continuously invade those homes, making it impossible for the families to use and enjoy their properties where they have lived for decades.

DateProceedings and Orders (key to color coding)
Jul 17 2020Petition for a writ of certiorari filed. (Response due August 24, 2020)
Aug 18 2020Motion to extend the time to file a response from August 24, 2020 to August 31, 2020, submitted to The Clerk.
Aug 19 2020Motion to extend the time to file a response is granted and the time is extended to and including August 31, 2020.
Aug 21 2020Brief amici curiae of Indiana Farmers Union, et al. filed.
Aug 25 2020Brief of Non-Governmental Respondents in opposition filed.
Aug 26 2020Brief of respondent State of Indiana in opposition filed.
Sep 09 2020DISTRIBUTED for Conference of 9/29/2020.
Sep 25 2020Reply of petitioners Janet Himsel, et al. filed.
Oct 05 2020Petition DENIED.