DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062069P.pdf 01/23/2007 J. Cormack v. Candice Settle-Beshears
U.S. Court of Appeals Case No: 06-2069
U.S. District Court for the Western District of Arkansas - Ft. Smith
[PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Civil case - civil rights. Claim that city's annexation of plaintiff's
property and enforcement of its ordinance prohibiting the sale of
fireworks was a regulatory taking and violated plaintiff's Fifth
Amendment was properly dismissed as the federal courts are barred from
considering the merits of takings claim until private litigants exhaust state
remedies; plaintiff had an adequate postdeprivation remedy to address
any claim that the city violated his Fourteenth Amendment rights by
failing to provide him with adequate notice of the annexation; district
court properly abstained from Fourth Amendment claims under the
Younger doctrine.