ROCKSTEAD v. City of Crystal Lake

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiffs Shirley Rockstead and Carol Henderson brought this action against defendant City of Crystal Lake, alleging that defendant took their property without providing compensation, when it constructed various structures and facilities that created flooding conditions on plaintiffs’ property. Invoking the “takings clause” of the Fifth Amendment of the U.S. Constitution, plaintiffs seek just compensation. Defendant now moves to dismiss the action under Fed. R. Crv. P. 12(b)(6). For the following reasons, defendant’s motion is granted.

B…