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.
201728P.pdf 03/16/2021 John Pietsch v. Ward County
U.S. Court of Appeals Case No: 20-1728
U.S. District Court for the District of North Dakota - Western
[PUBLISHED] [Benton, Author, with Loken and Kelly, Circuit Judges]
Civil case - Civil rights. Plaintiffs claimed the County's right-of-way
dedication ordinance violated their procedural due process rights under
the Fifth and Fourteenths Amendments, and the district court granted the
County defendants summary judgment. Held: plaintiffs have a remedy for
unconstitutional exactions under the Takings Clause and cannot claim a
redundant remedy under the due process clauses; the ordinance did not
violate the Due Process Clause because it promotes the government's
interest in providing public roads and is not irrational; plaintiffs
received procedural due process because they were given notice of the
proposed government action and an opportunity to be heard.