· 12/15/1932
Volk v. Casey
Citations
- 63 F.2d 1021
- 1932 U.S. App. LEXIS 3052
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Washington has an adequate procedure for reimbursement for the taking of property .... Therefore, dismissal of Appellant’s claim on ripeness grounds was proper.”
- reservation is possible, preventing operation of res While Kentucky cites three cases for the proposition that judicata
- “[A] more general substantive due process claim cannot be brought if the claim is based on governmental conduct which implicates an enumerated constitutional right.”
- “A second concern we addressed in Armendariz, which was also a concern for Appellants in this case, was a loophole in takings law regarding the ripeness doctrine.”
- “The Supreme Court has repeatedly recognized that a land use restriction that does not ‘substantially advance legitimate state interests’ or ‘denies an owner economically viable use of his land’ effects a taking.”
- “However, we have expressly held that the failure of a plaintiff to raise a federal takings claim in state court does not preclude that plaintiff from bringing a subsequent federal takings claim in federal court.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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