C. Perry Elterich and Ruth R. Elterich, His Wife v. The City of Sea Isle City, a Municipal Corporation

OPINION OF THE COURT

STALEY, Circuit Judge.

This is an appeal from the granting of the appellees’ motion for summary judgment. The appellants brought this action in the district court under 42 U.S.C. § 1983 seeking to recover damages on the grounds that the appellees, City of Sea Isle City (“City”) and various city officials had unlawfully appropriated their land and deprived them of its use 1 through what the appellants contend was an arbitrary and unlawful use of appellees’ power. The allegation of unlawful taking was based on events which took place in the aftermath of a damaging storm. The…