Legal Opinion
Elsmere Park Club, L.P. v. Town of Elsmere
Court of Appeals for the Third Circuit
Decided September 9, 2008No. 07-1821PublishedCited by 84 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
We decide whether the Town of El-smere, Delaware, violated Elsmere Park Club’s procedural due process rights under the Fourteenth Amendment to our Constitution when the Town condemned the Club’s apartment complex without offering a predeprivation hearing. We hold that the Town did not run afoul of the Constitution because postdeprivation process was all that was required given the circumstances of this case. Because the Town provided adequate postdeprivation process by way of an administrative appeal, and the Club failed to avail itself of that…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Zinermon v. BurchSupreme Court of the United States · 1990
- Armstrong v. ManzoSupreme Court of the United States · 1965
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3Cited by84 opinions
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- South Commons Condominium Ass'n v. Charlie Arment Trucking, Inc.Court of Appeals for the First Circuit · 2014
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