United States Third Circuit

In 1983 action arising out of defendant's closure of an open-air flea market, owned and operated by plaintiff, due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army, summary judgment for defendant is affirmed, where: 1) a municipality need not conduct a pre-deprivation hearing before acting to prevent the public from walking around a surface littered with live explosives; 2) defendant's emergency action to temporarily close the market constituted an exercise of its police power that did not require just compensation; 3) no reasonable finder of fact could determine that defendant acted arbitrarily or capriciously by temporarily restricting access to plaintiff's property; and 4) the district court properly denied plaintiff attorney's fees.

Appellate Information

• Decided 05/09/2013
• Published 05/09/2013

Judges

• BARRY

Court

• United States Third Circuit

Counsel