John Corp. v. City of Houston

KING, Chief Judge:

Plaintiffs-Appellants The John Corporation and U.S. Vanguard, Limited, Inc. appeal from the district court’s judgment dismissing without prejudice their claims against the City of Houston and Cherry Moving Company, Inc., arguing that the lower court erred in finding that each of their federal claims is either unripe or frivolous. Although we agree that an Eighth Amendment claim is frivolous and that the takings claim is unripe, we conclude that other claims are ripe, and therefore reverse in part and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1995,…