1983 takings

[rowdy46]

What is the name of your state? ohio

we filed a an 83 takings suit in may "01" nov."01" judge recused himself. a retired judge took the case nov."01" march 12 "03" the retired judge rather then rule to dismiss or allow it to go to jury retired (17 months and retired) how long does the next judge have to rule? it appears lawsuit will rewrite state law. our case is based on the "99" decision of del monte dunes vs. city of montery ours is identical but better.

 

[HomeGuru]

How is your case related to the Lucas case.

 

[rowdy46]

lucas case

lucas I believe is a 92 or 93 decision and is mentioned in Del monte dunes "99" numerous times, example, in takings cases, in both lucas and the recent del monte dunes decision the courts have decided to not follow williamson county bank"86"(?) when it comes to exhausting administrative remedies.

 

[HomeGuru]

Thanks.

 

[rowdy46]

Your welcome,
so how about an opinion? The retired judge had seventeen months to rule, dismiss or allow to go to jury, instead he goes back into retirement. personelly I feel he would have dismissed if he could have.