McCarthy v. City of Cleveland

I concur in the majority opinion in all respects. I write separately merely to highlight a second reason why Plaintiffs’ payment of their traffic fines does not constitute a “taking.” In order to demonstrate that the City committed a taking, Plaintiffs must allege and show that payment of their citations was involuntary. Yee v. City of Escondido, Cal., 503 U.S. 519, 527, 112 S.Ct. 1522, 118 L.Ed.2d 153 (1992) (“the Takings Clause requires compensation if the government authorizes a compelled invasion of property”). As the City clearly issued the citations and Plaintiffs paid the required…