Thursday, December 27, 2012

First Circuit -- Marek v. State of Rhode Island


For a Takings Clause action to be ripe, plaintiff must have exhausted all state court remedies for just compensation.

Undeveloped mechanisms for state court remedies are not therefore futile.

Road expansion scheme tied to cancelled plans for residential development cannot be reviewed as capable of repetition yet evading review.

Marek v. State of Rhode Island
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.