Posted by: Patricia Salkin | November 23, 2008

State Court Claim for Compensation Not Barred By Prior Federal Court Claim

Following a federal court dismissal on the grounds of ripeness in Plaintiff’s identical claims pursuant to 42 U.S.C. sec. 1983 for violations of equal protection, due process and just compensation for an alleged taking of property, the Plaintiffs initiated an action in state court.  While the state court agreed with the Plaintiffs argument that the doctrine of res judicata should not apply to prevent their state court claims since the federal dismissal was not on the merits, the state court determined that the Plaintiffs took no subsequent action to seek a final agency determination which was the underlying reason for the federal court dismissal, and that the requirement for final agency action applies regardless of the forum in which the claims are made.

 

The Court did determine, however, that since the Plaintiff’s claim for damages under state law for an alleged condemnation of their property was dismissed for failure to exhaust state remedies, the trial court erred in dismissing this cause of action.

 

Adrian v. Town of Yorktown, 2008 WL 4937556 (N.Y.A.D. 2 Dept. 11/18/2008).

 

The opinion can be accessed at:  http://www.nycourts.gov/reporter/3dseries/2008/2008_09009.htm


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