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Cert Petition No. 20- IN THE SUPREME COURT OF THE UNITED STATES PROTECT OUR PARKS, INC. AND MARIA VALENCIA, Petitioners, v. THE CITY OF CHICAGO AND THE CHICAGO PARK DISTRICT, Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit PETITION FOR WRIT OF CERTIORARI Richard A. Epstein 16 Thomas Place Norwalk, Connecticut 06853 773-450-4476 [email protected] Michael Rachlis Counsel of Record Rachlis Duff & Peel LLC 542 South Dearborn Street Suite 900 Chicago, Illinois 60605 [email protected] Counsel for Petitioners QUESTIONS PRESENTED The questions presented are: 1. Whether the Plaintiffs possess Article III standing to bring their takings and due process claims in light of the Seventh Circuit’s application of Lujan v. National Wildlife Federation, 497 U.S. 871 (1990) and similar authorities of this Court? 2. If standing exists, whether the City of Chicago violated Plaintiffs’ Fifth and Fourteenth Amendment rights on their takings and due process claims? i PARTIES TO THE PROCEEDING AND CORPORATE DISCLOSURE Petitioners are Protect Our Parks, Inc. and Maria Valencia. The Respondents are the City of Chicago and the Chicago Park District. Petitioner Protect Our Parks, Inc. is a non-profit corporation with no parent entities that does not issue stock. RELATED PROCEEDINGS Protect Our Parks, Inc. v. Chicago Park District, et al, No. 18-cv-03424, U.S. District Court for the Northern District of Illinois. Judgment entered June 11, 2019 (Motion for Summary Judgment) and November 6, 2019 (Rule 60 Motion). Protect Our Parks, Inc. v. Chicago Park District, et al, Nos. 19-2308 and 19- 3333 (Consolidated), U.S. Court of Appeals for the Seventh Circuit. Judgment entered on August 21, 2020; rehearing denied on October 8, 2020 (amended October 13, 2020). ii Table Of Contents Questions Presented ..................................................................................................... i Parties To The Proceeding and Corporate Disclosure............................................... ii Related Proceedings .................................................................................................... ii Table Of Contents ...................................................................................................... iii Table Of Contents To Appendix ................................................................................. iv Table Of Authorities .................................................................................................... v Opinion Below .............................................................................................................. 1 Statement Of Jurisdiction ........................................................................................... 1 Statutory Provisions Involved ..................................................................................... 1 Statement Of The Case ............................................................................................... 3 Reasons For Granting The Writ ................................................................................ 10 I. Review Is Warranted To Resolve The Conflict Created By The Seventh Circuit’s Decision On Article III Standing ..................................................... 10 II. If The Plaintiffs Have Standing To Assert Their Federal Claims Under Article III, Then The Seventh Circuit Erred In Holding That The Loss Of These Interests Did Not Create Either A Takings Or A Due Process Violation .......................................................................................................... 18 Conclusion .................................................................................................................. 26 iii Table Of Contents To Appendix Appendix A: Protect Our Parks, Inc. v. Chicago Park District, et al, Nos. 19-2308 and 19-3333 (Consolidated), U.S. Court of Appeals for the Seventh Circuit - Judgment entered on August 21, 2020 Appendix B: Protect Our Parks, Inc. v. Chicago Park District, et al, No. 18-cv-03424, U.S. District Court for the Northern District of Illinois - Judgment entered (denying Rule 60 Motion) on November 6, 2019 Appendix C: Protect Our Parks, Inc. v. Chicago Park District, et al, No. 18-cv-03424, U.S. District Court for the Northern District of Illinois - Judgment entered (granting Defendants’ Motion for Summary Judgment) on June 11, 2019 Appendix D: Protect Our Parks, Inc. v. Chicago Park District, et al, Nos. 19-2308 and 19-3333 (Consolidated), U.S. Court of Appeals for the Seventh Circuit – Judgment (amended) entered (denying rehearing) on October 13, 2020 iv Table Of Authorities Booker-El v. Superintendent, Indiana State Prison, 668 F.3d 896 (7th Cir. 2012) ....................................................................... 13, 15-17 Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972) .......................................................................................... 19, 23 Flast v. Cohen, 392 U.S. 83 (1968) ...................................................................................... 11, 11 n.1 Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000) ................................................................................................ 17 Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 (1892) ................................................................................................ 25 Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) ............................................................................................ 18 Lake Michigan Federation v. U.S. Army Corps of Engineers, 742 F. Supp. 441 (N.D. Ill. 1990) ...................................................................... 24-25 Lujan v. National Wildlife Federation, 497 U.S. 871 (1990) .................................................................... i, 3, 8, 10-11, 13, 16 Mathews v. Eldridge, 424 U.S. 319 (1976) ................................................................................................ 18 Monongahela Navigation Co. v. United States, 148 U.S. 312 (1893) ................................................................................................ 24 Paepcke v. Public Bldg. Comm’n of Chicago, 263 N.E2d 11 (1970) ............................................................... 8, 13-14, 18, 20-22, 24 Patsy v. Bd. Of Regents, 457 U.S. 496 (1982) ................................................................................................ 18 Paul v. Davis, 424 U.S. 693 (1976) .......................................................................................... 20, 23 Protect Our Parks, Inc. v. Chicago Park District, et al, 971 F.3d 722 (7th Cir. 2020) ........................................................................... passim v Protect Our Parks, Inc. v. Chicago Park District, et al, 385 F. Supp. 3d 662 (N.D. Ill. 2019) .................................................................... 1, 7 Spokeo Inc. v. Robins, 136 S.Ct. 1540 (2016) .................................................................................... 9, 17-18 South Park Commissioners v. Montgomery Ward & Co., 93 N.E. 910 (1910) .................................................................................................. 22 Town of Castle Rock, Colo. v. Gonzales, 545 U.S. 748 (2005) ................................................................................................ 23 U.S. v. Mitchell, 463 U.S. 206 (1983) ................................................................................................ 14 U.S. v. Richardson, 418 U.S 166 (1974) ............................................................................................ 10-11 Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982) .......................................................................................... 11 n.1 Warth v. Seldin, 422 U.S. 490 (1975) ............................................................................................ 9, 17 Federal Statutes U.S. Const. Article III .......................................................................................... passim U.S. Const. amendment V ................................................................................ i, 1, 9, 18 U.S. Const. amendment XIV ................................................................................ i, 2, 25 28 U.S.C. § 1254 (1) ....................................................................................................... 1 42 U.S.C. § 1983 ....................................................................................................... 2, 18 44 U.S.C. § 2101, et seq. ................................................................................................. 6 54 U.S.C. § 306101 (National Historic Preservation Act of 1966, Section 106) ..................................... 7 vi Federal Rules Of Civil Procedure Rule 60 .................................................................................................................. 7-8, 10 State Statutes California Civil Code § 3479 ........................................................................................ 21 Other Authority Restatement (Second) of Torts §821D ......................................................................... 21 Robert G. Natelson, Legal Origins of the Necessary and Proper Clause 52, 53, in Gary Lawson, THE ORIGINS OF THE NECESSARY AND PROPER CLAUSE (2010) ............................................
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