Legal Opinion

Mitchell v. Mills County, Iowa

District Court, S.D. Iowa

Decided October 26, 1987No. Civ. 86-54-WPublishedCited by 3 opinions

1Opinion of the Court

ORDER

DONALD E. O’BRIEN, Chief Judge.

This matter comes to the Court on a motion for summary judgment filed by defendants. Briefs were submitted on behalf of each party, and a hearing was held before the Court. For the following reasons, the Court grants the defendants’ motion for summary judgment with regard to the plaintiffs’ due process claim and dismisses the plaintiffs’ takings claim without prejudice for want of subject matter jurisdiction.

The plaintiffs own real estate located in Mills County, Iowa, on the west side of Mills County Road L-31. According to the plaintiffs’ complaint, in…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Hudson v. PalmerSupreme Court of the United States · 1984
  3. Daniels v. WilliamsSupreme Court of the United States · 1986
  4. Parratt v. TaylorSupreme Court of the United States · 1981
  5. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982

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3Cited by3 opinions

  1. Robert L. Mitchell and Martha C. Mitchell v. Mills County, Iowa Mills County Board of Supervisors and Mills County EngineerCourt of Appeals for the Eighth Circuit · 1988
  2. Abbiss v. Delaware Department of TransportationDistrict Court, D. Delaware · 1989
  3. Peduto v. City of North WildwoodDistrict Court, D. New Jersey · 1988

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