Peters v. Village of Clifton
Court of Appeals for the Seventh Circuit
1Opinion of the Court
RIPPLE, Circuit Judge.
Bruce Peters brought this action under 42 U.S.C. § 1983 against the Village of Clifton (“Village”), Alexander, Cox & McTaggert, Inc. (“ACM”) and Joseph McTaggert. He alleged that the defendants had trespassed on his property in order to expand the Village’s sewage discharge system and, in so doing, had committed an unconstitutional taking of his property in violation of the Fifth and Fourteenth Amendments. On the Village’s Rule 12(b)(1) motion, the district court dismissed the action. Mr. Peters appealed. We agree that the district court properly dismissed the action,…
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