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033051P.pdf   06/08/2004  Katherine W. Metzger  v.  Village of Cedar
   U.S. Court of Appeals Case No:  03-3051
   District of Nebraska   
Civil Case - constitutional takings. District court properly dismissed without prejudice action alleging conspiracy by developer and owner of adjacent land to take plaintiff's property without just compensation when they built a levee causing flooding on plaintiff's property, as plaintiff failed to first exhaust administrative remedies under state law under ruling in Williamson County Regional Planning Comm. v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985). Action is not yet ripe and dismissal for failure to state a claim and lack of jurisdiction was proper. Plaintiff did not properly plead other constitutional claims and is not barred from raising them. [PUBLISHED] [Riley, Author]