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· 10/6/1983

Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Municipal Corporation, Defendants-Appellants-Cross-Appellees

Citations

  • 718 F.2d 789
  • 1983 U.S. App. LEXIS 16236

How courts have described this case

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

  • holding in a class action “that the City’s deliberate course of conduct caused such substantial damage to plaintiffs’ properties that the properties in effect were actually taken within the meaning of the fifth and fourteenth amendments for which just compensation is due”
  • district court on remand applied intervening change in statute of limitations without violating the mandate because mandate not explicit as to how the statute was to be applied
  • district court on remand applied intervening change in statute of limitations without violating the mandate because mandate not explicit as to how the statute was to be applied
  • “there is a well-recognized exception that the doctrine must yield to an intervening change of controlling [statutory] law between the date of the first ruling and the retrial”
  • \there is a well-recognized exception that the doctrine must yield to an intervening change of controlling [statutory] law between the date of the first ruling and the retrial\
  • “[A] taking will be nullified as not being for a public purpose when it is demonstrated that the public entity acted in an arbitrary manner or in bad faith.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Contie, Phillips, Celebrezze

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.