United States Fourth Circuit

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Cherry v. Mayor and City Council of Baltimore, 13-1007

In a constitutional challenge to defendant-city's decision changing the manner in which annual increases to pension benefits are calculated, which substituted a cost-of-living adjustment for a "variable benefit," the district court's judgment that defendant-city's decision violated the Contract Clause of the Constitution but dismissing the Taking Clause claim as moot is: 1) vacated in part and remanded, where plaintiffs' rights under the Contract Clause were not impaired, because plaintiffs retained a state law remedy for breach of contract; 2) affirmed in part the district court's decision upholding the remaining portions of the ordinance at issue; and 3) vacated in part and remanded, the district court's order dismissing the Takings Clause claim.

Appellate Information

  • Decided 08/06/2014
  • Published 08/06/2014

Judges

  • KEENAN

Court

  • United States Fourth Circuit

Counsel

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