United States Fourth Circuit

In an action arising out of defendant-town's declaration that plaintiffs' cottages were in violation of its nuisance ordinance, summary judgment for defendant-town on plaintiffs' procedural due process and equal protection claims, and dismissal of their takings claim for lack of ripeness, are: 1) affirmed as to the procedural due process claim, where plaintiffs' claim fails because they cannot show that the defendant-town deprived them of any constitutionally cognizable property right; 2) affirmed as to the equal protection claim, where defendant-town has a rational basis for treating plaintiffs differently than the owners of the other cottages; and 3) reversed and remanded as to the takings claims, where defendant-town waived the state-litigation requirement by removing the case to federal court.

Appellate Information

• Decided 07/25/2013
• Published 07/25/2013

Judges

• SHEDD

Court

• United States Fourth Circuit

Counsel