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BOWLBY v. CITY OF ABERDEEN, MISS.

No. 11-60279.

681 F.3d 215 (2012)

Debra BOWLBY, Plaintiff-Appellant, v. CITY OF ABERDEEN, MISSISSIPPI; City of Aberdeen, Mississippi Planning and Zoning Board, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 14, 2012.

Attorney(s) appearing for the Case

Jim D. Waide, III, Waide & Associates, P.A., Richard Shane McLaughlin, McLaughlin Law Firm, Inc., Tupelo, MS, for Plaintiff-Appellant.

Berkley Neal Huskison, Mitchell McNutt & Sams, Columbus, MS, for Defendant-Appellee.

J. David Breemer, Pac. Legal Found., Sacramento, CA, for Pac. Legal Found., Amicus Curiae.

Before KING, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiff-Appellant Debra Bowlby appeals from the district court's grant of Defendants-Appellees' Rule 12(b)(6) motion to dismiss. Bowlby sued Defendants-Appellees the City of Aberdeen, Mississippi ("City") and the Aberdeen Planning and Zoning Board ("Board") for violations of the Fifth Amendment Takings Clause and for denying her procedural due process and equal protection under the Fourteenth Amendment. The district court dismissed all...

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