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PEDUTO v. CITY OF NORTH WILDWOOD

No. 88-5809.

878 F.2d 725 (1989)

John M. PEDUTO and El-Ro, Inc., Appellants, v. CITY OF NORTH WILDWOOD, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 29, 1989.

Attorney(s) appearing for the Case

Louis R. Moffa, Jr. (argued), Kenney & Kearney, Cherry Hill, N.J., for appellants.

Steve Drake (argued), Savio, Reynolds & Drake, Absecon, N.J., for appellee.

Before HUTCHINSON, SCIRICA, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This case arises from a claim by appellants John M. Peduto and El-Ro, Inc. that a temporary sewer moratorium and construction ban imposed by the City of North Wildwood, New Jersey constituted a compensable taking of their property. The district court dismissed appellants' complaint on res judicata grounds, holding that the New Jersey state court had already adjudicated appellants' federal claims. The primary issue...

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