Dlx, Inc. v. Commonwealth of Kentucky
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Siler, J.,
BALDOCK, J. (pp. 528-534), delivered a separate opinion concurring in the judgment of dismissal only.
OPINION
MOORE, Circuit Judge.
Plaintiff-Appellant DLX, Inc. (“DLX”) appeals from the dismissal of its § 1983 action against Defendants-Appellees the Commonwealth of Kentucky, the Kentucky Natural Resources and Environmental *514Protection Cabinet (“Cabinet”), and James E. Bickford, Secretary of the Cabinet, in his official capacity (collectively, “Kentucky”), alleging a taking of its property without just compensation in violation of the Fifth Amendment. The district court dismissed the complaint on…
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