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(Download) "Weaver v. anderson County Fiscal Court" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

Weaver v. anderson County Fiscal Court

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eBook details

  • Title: Weaver v. anderson County Fiscal Court
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 11, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Per Curiam. Plaintiffs, Charles Weaver, et al., brought this Section 1983 action in the United States District Court for the Eastern District of Kentucky, alleging that the defendants, Anderson County Fiscal Court, et al., deprived plaintiffs of their constitutionally protected right not to be deprived of property without due process of law by ordering him to halt development of a mobile home park because the property in question had recently been zoned as exclusively residential. The District Court which heard the case on summary judgment, ruled that the plaintiffs had acquired a vested right to complete their development, and further ruled that the decision of the Board of Adjustments denying much of the relief plaintiffs had requested, had no res judicata effect in this case. Defendants appealed, claiming, among other things that plaintiffs suit should be dismissed for lack of ripeness. Because we agree that plaintiffs did not adequately take advantage of available state remedies, we REVERSE the decision of the District Court, and REMAND with instructions to DISMISS the case as prematurely brought.


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