Jim Young Development Corp. v. State Highway Commission

ORDER DENYING DEFENDANT’S MOTION TO DISMISS '

WILLIAM H. BECKER, Chief Judge.

This is an action in which plaintiffs seek damages for an alleged “taking” of property and of their rights to “ingress *40and egress to Route 152” from Beaman Drive, on a plot of ground owned and developed by the plaintiffs. Jurisdiction of this Court is invoked on the theory that there is a “federal question” involved in this litigation so that federal jurisdiction attaches under the provisions of Section 1331, Title 28, United States Code. In the complaint herein, plaintiffs’ jurisdictional allegation is as follows:

“Thi…