Kohl Industrial Park Co. (A Partnership) v. The County of Rockland

I respectfully dissent. The federal courts should not permit § 1983 to be used as a means to obtain undeserved payment from public funds. In this action, Kohl never had a valid claim; the complaint alleges an uncompensated “taking”, but presents no facts which would allow a court to find a fifth amendment violation. Moreover, the relief Kohl seeks, an order compelling the condemnation of a fee simple interest, is not a remedy any court could provide to Kohl. As discussed below, this action should be remanded to the district court for the purpose of entertaining a motion to dismiss for failure…