United States Second Circuit

Dismissal of plaintiff-property owners' takings and due process claims, arising out of defendant's installation of multi‐unit terminal boxes on their property without just compensation, is affirmed, where: 1) Williamson Cnty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City does apply to physical takings, as it does to regulatory takings, with the recognition that the finality requirement is satisfied by a physical taking, but the exhaustion requirement remains; 2) as to the plaintiffs' due process claims, Williamson County applies to such claims arising from the same circumstances as a takings claim; and 3) because the plaintiffs have failed to exhaust their state remedies through an inverse condemnation proceeding, their claims were properly dismissed as unripe.

Appellate Information

• Decided 07/16/2014
• Published 07/16/2014

Judges

• JACOBS

Court

• United States Second Circuit

Counsel