City of Coeur D'Alene v. Simpson
Idaho Supreme Court
1Opinion of the Court
SUBSTITUTION OPINION.
THE COURT’S PRIOR OPINION DATED FEBRUARY 8, 2005, IS HEREBY WITHDRAWN.
JONES, Justice.
The Fifth Amendment to the United States Constitution, made applicable to the states via the Fourteenth Amendment, provides that “private property [shall not] be taken for public use, without just compensation.” Appellant Beach Brothers, Inc. alleges just such a thing happened to its lakefront property on Lake Coeur d’Alene. The district court disagreed and dismissed Beach Brothers’ claims on summary judgment. We reverse and vacate certain of the rulings and remand for further proceedings.
2Cases cited37 opinions
- Village of Willowbrook v. OlechSupreme Court of the United States · 2000
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
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3Cited by8 opinions
- State v. SeversonIdaho Supreme Court · 2009
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- Giovanella v. Conservation CommissionMassachusetts Supreme Judicial Court · 2006
- Talbot v. Desert View Care CenterIdaho Supreme Court · 2014
- City of Coeur D'Alene v. SimpsonIdaho Supreme Court · 2006
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