Legal Opinion

River City Capital, L.P. v. Board of County Commissioners, Clermont County, Ohio

Court of Appeals for the Sixth Circuit

Decided June 6, 2007No. 05-4331PublishedCited by 36 opinions

1Opinion of the Court

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case presents a familiar question in our circuit: whether a plaintiff in Ohio may proceed directly in federal court based on an alleged unconstitutional taking of his private property by a government entity, or whether he must first exhaust Ohio state remedies. We hold that state exhaustion is required, regardless of the nature of the taking, in keeping with this Court’s recent decisions in Coles v. Granville, 448 F.3d 853 (6th Cir.2006) and McNamara v. Rittman, 473 F.3d 633 (6th Cir.2007). Because Plaintiff River City Capital has failed to…

2Cases cited13 opinions

  1. Hudson v. PalmerSupreme Court of the United States · 1984
  2. Parratt v. TaylorSupreme Court of the United States · 1981
  3. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  4. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005
  5. Willy v. Coastal Corp.Supreme Court of the United States · 1992

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3Cited by36 opinions

  1. Hensley v. City of ColumbusCourt of Appeals for the Sixth Circuit · 2009
  2. Terry Wilkins v. David DanielsCourt of Appeals for the Sixth Circuit · 2014
  3. Dealer Computer Services, Inc. v. Dub Herring FordCourt of Appeals for the Sixth Circuit · 2008
  4. Howard Gipson v. Vought Aircraft Industries, InCourt of Appeals for the Sixth Circuit · 2010
  5. R.C. Olmstead, Inc. v. CU Interface, LLCDistrict Court, N.D. Ohio · 2008

31 more not listed; retrieve them via the Exa API.

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