Jump to Navigation
Jump to Content

DLX, Inc. v. Kentucky

ELR Citation: 34 ELR 20089
Nos. No. 03-5528, (6th Cir., 08/26/2004)

The Sixth Circuit upheld the dismissal of a company's takings claim against Kentucky for denying a permit to mine. The company originally filed suit in state court, where it ultimately was dismissed for failure to exhaust administrative remedies. It then filed suit in federal court. The Eleventh Amendment, however, bars the company's claim. Had the company brought a federal claim with its state claim in state court, the Kentucky courts would have had to hear that federal claim, and likely could not have required exhaustion as a prerequisite to hearing the federal claim. In addition, where the U.S. Constitution requires a particular remedy, such as through the Takings Clause, the state is required to provide that remedy in its own courts, notwithstanding sovereign immunity.