Schertel v. Rex

MEMORANDUM AND ORDER

HUYETT, District Judge.

Plaintiffs Mark and Marie Schertel brought this action under section 1983 of the Civil Rights Act alleging that defendants took their property without just compensation and due process. Defendants, Lynn Township and three of its supervisors, filed a motion to dismiss plaintiffs’ complaint for lack of subject matter jurisdiction. For the reasons set forth below, I shall grant defendants’ motion.

I. STANDARD OF REVIEW

In resolving a motion to dismiss, the court must accept as true all the well-pleaded allegations of the complaint, construe the complaint…