(Download) "Braun v. Township" by United States Court of Appeals Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Braun v. Township
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 13, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this Takings Clause and Due Process case, landowners who sought to rezone their farmland for a trailer park and other residential development challenge the district courts order granting the defendant Townships motion for summary judgment. The district court held that the plaintiffs Takings Clause claim was not ripe for review in the federal courts due to the rule of Williamson County v. Hamilton Bank, 473 U.S. 172 (1985), which requires that a plaintiff first give the state court an opportunity to adjudicate the issue of just compensation before seeking a declaration from a federal court that the state has failed to provide just compensation. According to Williamson County, a plaintiff bringing a takings claim must first pursue -- and be denied -- available remedies in state court. The district court in the present case concluded that the plaintiffs failure to do so precludes a federal court from exercising subject matter jurisdiction over the takings claim. The district court also held that the plaintiffs contention that the defendants zoning ordinance and appeals process violated various constitutional rights -- including procedural due process, substantive due process and equal protection -- was "ancillary" to the takings claim and thus similarly unripe for review.