DEVINES v. MAIER

No. 80-2315.

665 F.2d 138 (1981)

Delores DEVINES, Antoinette Stokes, Sarita Beason, and Nick Southerland, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. Henry W. MAIER, individually and in his official capacity as Mayor of the City of Milwaukee; Wallace Burkee, individually and in his official capacity as Director of the Community Development Agency; William Ryan Drew, individually and in his official capacity as Commissioner of the Department of City Development; Gerald Anderson, individually and in his official capacity as Department of City Development Relocation Officer; Leonard E. Sloane, individually and in his official capacity as Deputy Inspector of Buildings; the City of Milwaukee, a municipal corporation; and their agents, employees, successors in office, assistants, and all others acting in concert or cooperation with them or at their direction or under their control, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Louis J. Mestre, Lawrence G. Albrecht, Thomas P. Donegan, Legal Action of Wis., Inc., Milwaukee, Wis., for plaintiffs-appellants.

Patrick B. McDonnell, Milwaukee, Wis., for defendants-appellees.

Before FAIRCHILD, Chief Judge, PECK, Senior Circuit Judge, and SPRECHER, Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

Plaintiffs in this class action are residents of Milwaukee who were required by the City to vacate their rented homes as a result of the City's enforcement of its housing code. Plaintiffs contend that they are entitled to compensation for their displacements from their residences pursuant to the just compensation clause of the Fifth Amendment to the United States Constitution; Wisconsin's eminent domain statute, Wis.Stats.

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