The 11th Circuit released this opinion in a case where landowners sued the City of Fort Walton Beach in a s. 1983 action. The allegation is basically that city employees or officials came in at the request of a private party (HAS to be a neigbhor fight) and paved a section of their property.
For some reason they went to federal court with a 1983 claim for takings (under the public use clause) rather than suing for inverse condemnation in Florida court. Don't ask me why - you'd get more compensation in a Florida court case (full being atty's and engineers/appraisers) if you win than in fed court, and you could much more effectively litigate the title issues.
Moreover, the case is (as Matt C points out over at Abstract Appeal) a good exposition in how not to plead when trying to attach 1983 liability to a city or even to get the personnel on the hook personally.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Hai, 26 tháng 4, 2004
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
You would think after forty-seven thousand gazillion years of jurisprudence, litigators would be savvy enough to not argue the same re...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
The Second District Court of Appeal ruled yesterday in Payne v. Payne , a case in which the parties sought dissolution of a seventeen year m...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
11th Circuit, 11th Schmircuit, that's what I always say. And I see I'm not alone. On Friday in the closely-watched Checking Overdraf...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
In the very long saga of Fort Lauderdale attorney Robert Ingham 's doomed representation of MCS against Essent Healthcare, Judge Seitz ...
-
Here is the Senate Judiciary Committee agenda (there was a live webcast too). From a well-placed source: He finished – no hard questions- ...
-
The Second District Court of Appeal ruled yesterday in Zambuto v. Zambuto , reversing the lower court’s ruling on two grounds. The District...
-
Our friend Glenn continues to pretend he's a lawyer, except now he's a top-notch US Attorney taking pot shots at the prosecutorial...
Không có nhận xét nào:
Đăng nhận xét