Legal Opinion
Olson v. CITY OF ELK POINT, SD
District Court, D. South Dakota
Decided August 27, 2009No. CIV 08-4113Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
LAWRENCE L. PIERSOL, District Judge.
Defendants filed a Motion for Summary Judgment, Doc. 17. For the reasons set forth below, Defendants’ Motion will be denied.
I. BACKGROUND
The claims in this action under 42 U.S.C. § 1983, relate to the City’s taking of Plaintiffs property in October 2007. Most of the facts are undisputed. Plaintiff Gene Olson (“Olson”) owned real property in the City of Elk Point, South Dakota (“the City”). Specifically, Olson owned two homes located at 405 West Pleasant Street and 210 North Scott Street. He also owned a vacant lot located between…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
- City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
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