United States First Circuit

In a dispute between neighbors over the destruction of trees and other vegetation, which caused the plaintiffs to sue their neighbors and the municipality of San Juan under 42 USC section 1983 for alleged taking and due process violations, the district court's dismissal on the pleadings is affirmed, where: 1) there was no allegation of how the defendant neighbors acted under color of state law; 2) the plaintiffs did not exhaust their state remedies against the municipality on the taking claim, as they did not meet their burden to prove that state remedies would have been inadequate; and 3) substantive and procedural due process claims against the municipality failed.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Thompson

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David W. Roman, Jorge R. Quintana-Lajara