United States Eighth Circuit

District court judgment granting the motion to dismiss for failure to state a claim is affirmed where: 1) the Minneapolis ordinance uncapping the number of taxi licenses did not amount to an unconstitutional taking of private property requiring compensation under the Fifth Amendment, as the holders of the licenses did not have a protected property interest in the value of the licenses on the secondary or re-sale market; 2) the ordinance does not violate due process rights as the holders of the licenses did not have a protected property interest; and 3) plaintiffs do not have standing to raise an unconstitutional exaction claim as the complaint does not allege a relationship between its member-licensees and the licensed service companies affected by the new ordinance's provisions on fuel efficiency and wheel-chair access, and thus, they cannot show an injury in fact.

Appellate Information

• Decided 07/14/2009
• Published 07/14/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lawrence H. Crosby, argued, Jay D. Olson, St. Paul, MN, on the brief, for appellant., Scott G. Bullock argued, Arlington, VA, for New Star Limousine.


• For Appellees:
  
• Sara Jeanne Lathrop, argued, Minneapolis, MN, for appellee.