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Nieveen v. TAX 106

Petition for certiorari granted, judgment vacated, and case remanded to the Supreme Court of Nebraska for further consideration in light of Tyler v. Hennepin County on June 5, 2023.

Docket No.22-237
Op. BelowNeb.

Issue

(1) Whether the government violate the Fifth Amendment's takings clause when it confiscates property worth more than the debt owed by the owner; and (2) whether the forfeiture of far more property than needed to satisfy a delinquent tax debt plus interest, penalties, and costs constitutes an excessive fine within the meaning of the Eighth Amendment.

Proceedings & orders timeline

Sep 9, 2022
Petition for a writ of certiorari filed. (Response due October 13, 2022)
Sep 19, 2022
Waiver of right of respondents Rachel Glover, Lancaster County Treasurer & Lancaster County to respond filed.
Oct 7, 2022
Waiver of right of respondent Douglas J. Peterson, Attorney General of Nebraska to respond filed.
Oct 13, 2022
Motion for leave to file amicus brief filed by New England Legal Foundation.
Oct 18, 2022
Supplemental brief of petitioner Sandra K. Nieveen filed.
Oct 25, 2022
DISTRIBUTED for Conference of 11/10/2022.
Oct 26, 2022
Response Requested. (Due November 25, 2022)
Nov 10, 2022
Motion to extend the time to file a response from November 25, 2022 to December 6, 2022, submitted to The Clerk.
Nov 14, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2022, for all respondents.
Dec 6, 2022
Brief of respondent TAX 106, et al. in opposition filed.
Dec 15, 2022
Reply of petitioner Sandra K. Nieveen filed.
Dec 21, 2022
DISTRIBUTED for Conference of 1/6/2023.
Jan 9, 2023
DISTRIBUTED for Conference of 1/13/2023.
May 30, 2023
DISTRIBUTED for Conference of 6/1/2023.
Jun 5, 2023
Motion for leave to file amicus brief filed by New England Legal Foundation GRANTED.
Jun 5, 2023
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tyler v. Hennepin County, 598 U. S. ___ (2023).
Jul 7, 2023
Judgment and mandate issued.

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