United States Seventh Circuit

In a 42 U.S.C. section 1983 suit against a municipality alleging an unconstitutional taking of plaintiff's property in violation of the Fifth and Fourteenth Amendments resulting from an expansion of the municipality's sewer discharge system, dismissal of the complaint is affirmed where the district court correctly held that the case was not ripe for adjudication since plaintiff had not shown that he had exhausted state remedies or that those remedies were unavailable to him.

Appellate Information

• Argued 05/01/2007
• Decided 08/22/2007
• Published 08/22/2007

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, MANION and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• J. David Breemer (argued), Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellant.


• For Appellees:
  
• James C. Kearns, Tamara K. Hackman (argued), Heyl, Royster, Voelker & Allen, Urbana, IL, Jeffrey W. Tock, Harrington, Tock & Royse, Champaign, IL, for Defendants-Appellees.