Legal Opinion
Ashe v. City of Montgomery
District Court, M.D. Alabama
Decided November 30, 2010No. Civil Action 2:09cv1029-MHTPublishedCited by 4 opinions
1Opinion of the Court
OPINION
MYRON H. THOMPSON, District Judge.
Plaintiff James Ashe charges in this lawsuit that his property was confiscated, purportedly as a public nuisance, in violation of both federal and state law. His federal claims are based on 42 U.S.C § 1983 and assert that defendants City of Montgom ery, Alabama and Tony’s Automotive, LLC violated the Takings Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. His state claims are for trespass and negligence against Tony’s Automotive. This case was removed from state to federal court pursuant to 28 U.S.C. § 1441, based…
2Cases cited23 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- West v. AtkinsSupreme Court of the United States · 1988
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- United States v. SalernoSupreme Court of the United States · 1987
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3Cited by4 opinions
- Johnson v. City of PrichardDistrict Court, S.D. Alabama · 2011
- Hoefling v. City of MiamiDistrict Court, S.D. Florida · 2014
- K & D Automotive, Inc. v. City of MontgomerySupreme Court of Alabama · 2014
- K & D Automotive, Inc. v. City of MontgomerySupreme Court of Alabama · 2014