ELLIS v. CITY OF YANKTON, S.D.

No. 95-1010.

69 F.3d 915 (1995)

Steve ELLIS; Kaye Ellis, Appellants, v. CITY OF YANKTON, SOUTH DAKOTA, a Municipal Corporation; Terry Crandall, Individually, and as Mayor of the City of Yankton; William R. Ross, Individually and as City Manager of and for the City of Yankton; Eugene Hoag, Individually and as City Engineer of and for the City of Yankton, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1995.


Attorney(s) appearing for the Case

Charles E. Light, Yankton, SD, argued for appellants.

Mark W. Haigh, Sioux Falls, SD, argued for appellees.

Before BEAM, ROSS and MURPHY, Circuit Judges.


ROSS, Circuit Judge.

Appellants Steve and Kaye Ellis appeal from the district court's1 dismissal of their lawsuit brought under 42 U.S.C. §§ 1982, 1983, and 1985(3). Appellants claim the City of Yankton, its mayor, and other city officials (collectively referred to as "the City") violated the appellants' due process rights by arbitrarily and capriciously refusing to issue a building permit for improvement of certain real estate...

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