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· 4/8/2002

Deniz v. Municipality of Guaynabo

Citations

  • 285 F.3d 142
  • 2002 U.S. App. LEXIS 6425
  • 2002 WL 501056

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that showing uncertainty as to whether an inverse condemnation proceeding exists does not satisfy plaintiffs burden to prove unavailability of the state remedy
  • “Dressing a takings claim in the raiment of a due process violation does not serve to evade the exhaustion requirement.”
  • regarding district court’s 12(b)(6) ruling “as a nullity” because district court lacked subject-matter jurisdiction
  • regarding district court’s 12(b)(6) ruling “as a nullity” because district court lacked subject-matter jurisdiction
  • “When a court is confronted with motions to dismiss under both Rules 12(b)(1) and 12(b)(6), it ordinarily ought to decide the former before broaching the latter.”
  • “A plaintiffs failure to exhaust the inverse condemnation remedy renders premature a section 1983 damages action predicated upon an alleged takings violation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Coffin, Lipez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.