DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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]