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ASHE v. CITY OF MONTGOMERY

Civil Action No. 2:09cv1029-MHT.

754 F.Supp.2d 1311 (2010)

James ASHE, Plaintiff, v. CITY OF MONTGOMERY and Tony's Automotive, LLC, Defendants.

United States District Court, M.D. Alabama, Northern Division.

November 30, 2010.

Attorney(s) appearing for the Case

Norman Hurst, Attorney at Law, Montgomery, AL, for Plaintiff.

Stacy Lott Reed, City Attorney's Office, Jeffrey Wilson Smith, Ryals, Plummer, Donaldson, Agricola and Smith, Dennis Mitchell Henry, Webster Henry Lyons & White PC, Montgomery, AL, for Defendants.

OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff James Ashe charges in this lawsuit that his property was confiscated, purportedly as a public nuisance, in violation of both federal and state law. His federal claims are based on 42 U.S.C § 1983 and assert that defendants City of Montgomery, Alabama and Tony's Automotive, LLC violated the Takings Clause of the Fifth Amendment and the Due Process Clause...

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