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River City Capital, Ltd. Partnership v. Board of County Comm'rs

ELR Citation: 37 ELR 20132
Nos. No. 05-4331, (6th Cir., 06/06/2007)

The court held that under Ohio law, a landowner must exhaust his state remedies before proceeding with his takings claim against a county in federal court. Although Ohio does not have an inverse condemnation statutory cause of action, the owner has not filed a trespass action, a mandamus action, or indeed any action at all with the Ohio state courts. Nor is there any reason to believe, except based on the owner's alleged theories, that a taking attributable to the county has actually occurred. And given the nature of the owner's takings allegations—which are quite novel in their assertion that the county's development policies have somehow appropriated to the public good what was formerly an entirely private rainwater drainage system—it would seem eminently reasonable for the state courts to be given first crack at this puzzle.