Tuesday, December 21, 2010
Clark v. Town of East Hampton
This is an interesting takings case from New York. The lawsuit was filed in state court, alleging unconstitutional takings both under the New York State Constitution and the federal Constitution. The city removed the case to federal court alleging federal jurisdiction, but the difficulty of course is that under the doctrine of Williamson County v Hamilton Bank, any and all state remedies which might be available must be exhausted before the plaintiff can file in federal court. As a result, the plaintiff, after informing the city of the doctrine in the Williamson County case, moved to dismiss for lack of jurisdiction. The court concluded that there was no jurisdiction because the state procedures had not yet been exhausted. The Westlaw citation is 2010 WL 4789417.