Legal Opinion
Franklin Kottschade v. City of Rochester
Court of Appeals for the Eighth Circuit
Decided February 13, 2003No. 02-1504MNPublishedCited by 2 opinions
1Opinion of the Court
RICHARD S. ARNOLD, Circuit Judge.
Franklin P. Kottschade, a developer, brought this claim under 42 U.S.C. § 1983 against the City of Rochester, charging that the City had taken his property for public use without just compensation, in violation of the Fifth Amendment. He now appeals from a District Court 1 dismissal for failure to state a claim upon which relief can be granted. Because Mr. Kottschade has not exhausted his state court remedies, as required by current takings jurisprudence, we affirm the District Court’s dismissal of his complaint.
In the mid-1990’s Mr. Kottschade sought a…
2Cases cited9 opinions
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Puerto Rico v. BranstadSupreme Court of the United States · 1987
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3Cited by2 opinions
- Kottschade v. City of RochesterCourt of Appeals for the Eighth Circuit · 2003
- Kottschade v. City of RochesterCourt of Appeals of Minnesota · 2009