Daniels v. Area Plan Com'n of Allen County, No. 01-1158.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtManion
Citation306 F.3d 445
PartiesWilliam DANIELS and Judy Daniels, Plaintiffs-Appellees, v. THE AREA PLAN COMMISSION OF ALLEN COUNTY, Defendant-Appellant.
Docket NumberNo. 01-1158.
Decision Date11 September 2002
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64 practice notes
  • Jane Doe v. Va. Dep't of State Police, No. 11–1841.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 12, 2013
    ...[state] procedures for obtaining compensation before bringing a § 1983 action.” Id.; see Daniels v. Area Plan Comm'n of Allen Cnty., 306 F.3d 445, 453 (7th Cir.2002) (recognizing that “the additional ripeness requirements of Williamson County create a takings claim exception to Patsy 's gen......
  • Elliott v. Bd. of Sch. Trs. of Madison Consol. Sch., No. 16-4168
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • December 4, 2017
    ...tenure before the new statute took effect. We review the district court's decision de novo. Daniels v. Area Plan Comm'n of Allen County , 306 F.3d 445, 458 (7th Cir. 2002) (reviewing de novo a summary judgment order that declared a state law unconstitutional).At the outset, we note but bypa......
  • Alto Eldorado Partners v. City of Santa Fe, No. CIV 08-0175 JB/ACT.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 11, 2009
    ...facial challenge to the constitutionality of a statute under the Fifth Amendment." Daniels v. Area Plan Comm'n of Allen County, 306 F.3d 445, 458 n. 13 (7th Cir.2002). Daniels v. Area Plan Comm'n of Allen County relied on what is apparently the first Seventh Circuit case to discuss ripeness......
  • Trustees of Marion Kingdom Hall v. City of Marion, Civil No. 07-530-GPM.
    • United States
    • United States District Courts. 7th Circuit. Southern District of Illinois
    • December 26, 2007
    ...such remedies are "unavailable or inadequate." 473 U.S. at 197, 105 S.Ct. 3108. See also Daniels v. Area Plan Comm'n of Allen County, 306 F.3d 445, 456 (7th Cir.2002) (noting "a limited exception" to Williamson County "based on the futility of seeking state court relief"). However, the Cour......
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64 cases
  • Alto Eldorado Partners v. City of Santa Fe, No. CIV 08-0175 JB/ACT.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • March 11, 2009
    ...facial challenge to the constitutionality of a statute under the Fifth Amendment." Daniels v. Area Plan Comm'n of Allen County, 306 F.3d 445, 458 n. 13 (7th Cir.2002). Daniels v. Area Plan Comm'n of Allen County relied on what is apparently the first Seventh Circuit case to discuss ripeness......
  • Mountain Valley Pipeline, LLC v. McCurdy, No. 15-0919
    • United States
    • Supreme Court of West Virginia
    • November 15, 2016
    ...requirement of the Fifth Amendment" of the United States Constitution" (emphasis added));6 Daniels v. Area Plan Comm'n of Allen Cty ., 306 F.3d 445, 460 (7th Cir. 2002) (observing that "[e]ven though the Supreme Court has required the existence of a public use to justify a taking, the burde......
  • Int'l Union of Operating Eng'rs Local 139 v. Schimel, Case No. 16–CV–590–JPS
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Eastern District of Wisconsin
    • September 26, 2016
    ...in the context of cases in which injunctive and/or declaratory relief is sought. See, e.g. , Daniels v. Area Plan Com'n of Allen Cnty. , 306 F.3d 445, 449 (7th Cir. 2002) (seeking a declaration under Section 1983 that a certain zoning plan violated the Takings Clause); see also Williamson C......
  • Dyson v. City of Calumet City, No. 16 C 11509
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • January 23, 2018
    ...2701, 33 L.Ed.2d 548 (1972) ; accord Dibble v. Quinn , 793 F.3d 803, 808 (7th Cir. 2015) (due process); Daniels v. Area Plan Comm'n , 306 F.3d 445, 459 (7th Cir. 2002) (takings). Moreover, for an interest to be constitutionally protected, the plaintiff must show she has "a legitimate claim ......
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