Tracy v. City of Deshler

Lloyd I. Tracy, Jr., brought this action, seeking compensation for the alleged unconstitutional “taking” of his garbage collection business by the City of Deshler (City) as a result of a contract entered into by the City with Tracy’s competitor for the collection of garbage in Deshler. The district court granted the City’s motion for summary judgment and denied Tracy’s motion for partial summary judgment. Because we determine that Tracy was engaged in a business that was subject to a conditional permit and, thus, did not have a reasonable expectation of a continuing “right” to haul garbage in…