United States Sixth Circuit

Dismissal of 42 U.S.C. section 1983 and state law claims brought against public officials and railroad companies for actions taken relative to plaintiffs' real property is affirmed where plaintiffs' unconstitutional takings claims were not yet ripe for federal review, and there was no abuse of discretion in dismissing a plaintiff's case without prejudice after deciding to abstain under the Younger doctrine.

Appellate Information

• Decided 05/22/2006
• Published 05/22/2006

Judges

• CLAY, Circuit Judge., Before:  GUY, DAUGHTREY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nels J. Ackerson, Ackerson Kauffman Fex, Washington, D.C., for Appellants.  John D. Latchney, Tomino & Latchney, LLC, LPA, Medina, Ohio, for Appellees.   ON BRIEF:  Nels J. Ackerson, Ackerson Kauffman Fex, PC, Washington, D.C., Thomas R. Lucas, D. Jeffery Rengel, Rengel Law Office, Sandusky, Ohio, J. Anthony Logan, Brooks & Logan Co., LPA, Columbus, Ohio, for Appellants.  John D. Latchney, Tomino & Latchney, LLC, LPA, Medina, Ohio, Dennis M. O'Toole, Baumgartner & O'Toole, Sheffield Village, Ohio, for Appellees.