Cert Petitions

Check out this recently-filed cert petition, which might be filed under government “keepings” as well as takings. In Greene v. Kansas Dep’t of Revenue, 576 P.3d 320 (Kan. Ct. App. 2025), the Kansas Court of Appeals held that the Department didn’t owe just compensation after it seized some of Greene’s property (the petition and the lower court’s opinion don’t really say what this property is, but we can presume it is some of the “potpourri substance named ‘Diablo’ that the Kansas Board of Pharmacy had deemed a controlled substance” that was at the heart of the tax dispute.
Continue Reading New Cert Petition: Temporarily Keeping Property Seized For Taxes After A Ruling The Taxes Were Not Owed Is A Taking

Here’s a recently-filed cert petition which asks this Question Presented: “Is the application of a prudential rule of exhaustion, where the only relief is voluntary cessation of government’s physical possession, a decision on the merits of an uncompensated Takings Clause claim?”…
Continue Reading New Cert Petition: Remember First English?