United States Sixth Circuit

In a case involving a federal takings claim arising from defendant-city's operation of water wells that allegedly caused damage to plaintiffs, summary judgment for the city is affirmed where: 1) plaintiffs' claims allegedly arising from past violations were ripe for federal review in 1994, and thus, were time barred when they filed them in 2000; and 2) claims allegedly arising from continuing violations were not raised properly below and were not ripe for review.

Appellate Information

• Decided 01/08/2007
• Published 01/08/2007

Judges

• Before KENNEDY, MARTIN, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Steve J. Edwards, Grove City, Ohio, for Appellants.   Melvin L. Lute, Jr., Baker, Dublikar, Beck, Wiley & Mathews, North Canton, Ohio, for Appellee.   ON BRIEF:  Steve J. Edwards, Grove City, Ohio, for Appellants.  Melvin L. Lute, Jr., Jack R. Baker, Baker, Dublikar, Beck, Wiley & Mathews, North Canton, Ohio, for Appellee.