Hohensee v. STATE OF PENNSYLVANIA, DEPT. OF HIGHWAYS, 16323.
| Decision Date | 09 October 1967 |
| Docket Number | No. 16323.,16323. |
| Citation | 383 F.2d 784 |
| Parties | Ervin HOHENSEE, Appellant, v. STATE OF PENNSYLVANIA, DEPT. OF HIGHWAYS and United States of America. |
| Court | U.S. Court of Appeals — Third Circuit |
Ervin Hohensee, pro se.
Edward D. Werblun, Robert W. Cunliffe, Asst. Attys. Gen., Dept. of Highways, Commonwealth of Pennsylvania, Harrisburg, Pa., for appellee State of Pennsylvania, Dept. of Highways.
Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Appellate Section Land and Natural Resources Division U. S. Dept. of Justice, Washington, D. C., Bernard J. Brown, U. S. Atty., Scranton, Pa. (Robert M. Perry, Atty., Dept. of Justice, Washington, D. C. on the brief), for appellee the United States.
Before BIGGS, FREEDMAN and SEITZ, Circuit Judges.
The plaintiff-appellant Hohensee seeks to recover a judgment for land taken under the "Federal-Aid Highway Acts", 23 U.S.C.A. § 101 et seq. as appears. Assuming that jurisdiction existed in the court below, his claim must be denied under Martin v. Creasy, 360 U.S. 219, 224, 79 S.Ct. 1034, 1037, 3 L.Ed.2d 1186 (1959). In Creasy the Supreme Court stated: Hohensee has not invoked the aid of any State court insofar as the record shows.
The other issues raised by appellant need not be referred to. The judgment will be affirmed.
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...constitution. Though the city in Creel had filed an action in state court to condemn such property, Hohensee v. State of Pennsylvania Dep't of Highways, 383 F.2d 784 (3rd Cir. 1967), as well as Martin, supra, makes it clear that the lack of a pending state court condemnation action creates ......
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...action to enjoin condemnation would require excessive federal interference with a state regulatory scheme); Hohensee v. State Dept. of Highways, 383 F.2d 784, 784 (3d Cir. 1967) (action to recover judgment for taken property dismissed because plaintiff had not invoked aid of state court); V......