· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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