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United States Eighth Circuit


Dahlen v. Shelter House, 09-1909

In an action claiming a violation of the Fifth Amendment's Takings Clause and requesting damages as well as an injunction to prevent the planned construction of a homeless shelter near plaintiffs' residence, dismissal of the complaint is affirmed where, because the proposed homeless shelter met the Fifth Amendment's public purpose requirement, plaintiffs were required to seek compensation through state inverse condemnation procedures before their claim could be ripe.

Appellate Information

  • Decided 03/24/2010
  • Published 03/24/2010

Judges

Court

  • United States Eighth Circuit

Counsel

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