Here's one that -- although unpublished -- is still worth a quick read. Because it's a case where the Sixth Circuit held that a federal court takings claim against the City of Franklin, Tennessee, which is the seat of Williamson County, Tennessee, should be dismissed under Williamson County because it wasn't ripe.
In Beech v. City of Franklin, No. 16-6326 (Apr. 19, 2017), Beech sued the City claiming it was a taking for the City to allow Beech's neighbor to operate a barbershop next door. That's a tough claim to begin with, but Beech pressed a mandamus claim in Tennessee state court, seeking to enjoin the neighboring barber shop. Included within the petition were claims for damages for violations of Beech's federal constitutional due process and equal protection rights because (allegedly) the City was not enforcing its zoning code. Beech did not assert a takings claim. The state court ruled in favor of the City and the barbershop neighbor.
Next stop, federal court. There, Beech asserted that the City's failure to enforce its zoning code resulted in a Fifth Amendment taking. The District Court granted the City summary judgment.
The Sixth Circuit affirmed. Tennessee law has an adequate procedure for Beech to obtain just compensation, and Beech needs to try that before coming to federal court. No surprise. Two points of interest:
- The court correctly noted that "since at least August 2014," Tennessee has adequate procedures for obtaining just compensation. Slip op. at 5. Wait, you say, didn't the Supreme Court in Williamson County back in 1985 base the entire ripeness doctrine on the fact that Tennessee had such a process in place back then? Yes, but as we pointed out here, the Court was wrong, and it was only in 2015 that Tennessee came around. The Sixth Circuit agrees: "In August 2014, the Tennessee Supreme Court held that the Tennessee Constitution required just compensation for regulatory takings and that property owners could demand compensation for regulatory takings under Tennessee’s inverse condemnation statute, Tennessee Code Annotated § 29-16-123." Slip op. at 5-6.
- If Beech had alleged a private taking, Williamson County ripeness would not be applicable. But Beech did not, and since his claim was only against the City, he must seek compensation via state procedures first.Slip op. at 6.
Remanded to the District Court with instructions to dismiss. When in Rome...
Beech v. City of Franklin, No. 16-6326 (6th Cir. Apr. 19, 2017)
