United States Third Circuit

The Supreme Courts decision in Williamson County Reg'l Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), does not require a plaintiff to seek just compensation through state law procedures before a federal court may hear a claim alleging that a taking lacks a valid public purpose. In a Takings Clause case brought by companies that had licenses to display billboards in New Jersey arising from the state's efforts to revamp its billboard program, dismissal of the complaint is affirmed where: 1) the district court erred by dismissing plaintiff's Public Use Clause claim as unripe; but 2) nevertheless, the alleged taking comported with the Public Use Clause.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

• Before SLOVITER, FUENTES and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gage Andretta (Argued), Wolff & Samson West Orange, NJ, for Appellant, Carole Media LLC.


• For Appellees:
  
• Anne Milgram, Attorney General of New Jersey, of counsel, Andrea M. Silkowitz, Assistant Attorney General, on the brief, Kenneth M. Worton (Argued), Melanie E. Brown, Deputy Attorneys General, Office of Attorney General of New Jersey, Department of Law & Public Safety, Newark, NJ, for Appellee, New Jersey Transit Corp., On the brief Ronald L. Glick (Argued), Julie E. Ravis, Stevens & Lee, Princeton, NJ, for Appellee, All Vision LLC.