United States Sixth Circuit
DLX, INC. v. COMMONWEALTH OF KENTUCKY, 03-5528
Dismissal of plaintiff's claim, alleging that denial of a permit to mine constituted a regulatory taking of property in violation of the Fifth Amendment, is affirmed where the Eleventh Amendment bars plaintiff's claims against defendant-Kentucky in federal court.
Appellate Information
- Decided 08/26/2004
- Published 08/26/2004
Judges
- Before: SILER, MOORE, and BALDOCK, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- D. Duane Cook (argued and briefed), Stamping Ground, KY, for Plaintiff-Appellant.
- For Appellees:
- David J. Obradovich, James J. Grawe, Office of the Attorney General, Todd E. Leatherman, Office of the Attorney General, Mark A. Posnansky (briefed), S. Bradford Smock (argued and briefed), Office of Legal Services Capital Plaza Tower, Frankfort, KY, for Defendants-Appellees.