JOHNSON v. CITY OF GLENCOE

No. 83-1478.

722 F.2d 432 (1983)

Robert JOHNSON and Geraldine Johnson, Appellants, v. CITY OF GLENCOE, Gavin Law Office, Gary Ballard, Kerry Olson, Michael Gavin, County of McLeod, Glencoe-McLeod Joint Airport Zoning Board, Edwin Homan, Russell Bacon and Elfege Austad, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1983.


Attorney(s) appearing for the Case

Bassford, Heckt, Lockhart & Mullin, P.A., Jerome C. Briggs, Charles E. Lundberg, Minneapolis, Minn., for appellees City of Glencoe, Gary Ballard, Russell Bacon, and Elfege Austad.

Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Frederick C. Brown, Bruce D. Malkerson, Thomas J. Radio, Minneapolis, Minn., for appellees County of McLeod and Edwin Homan.

Dennis D. Daly, Jr., St. Paul, Minn., for appellants.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.


PER CURIAM.

Appellants, Robert and Geraldine Johnson, commenced this action under 42 U.S.C. § 1983 requesting damages for an unconstitutional taking of their property by appellees without payment of just compensation. The district court granted appellees' motion for summary judgment on the basis that under the doctrine of res judicata the prior state court adjudication barred this action. The Johnsons appeal from this order.

In 1970, the Johnsons purchased...

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