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KOTTSCHADE v. CITY OF ROCHESTER

No. 02-1504MN.

319 F.3d 1038 (2003)

Franklin P. KOTTSCHADE, Appellant, v. CITY OF ROCHESTER, Appellee. American Forest and Paper Association; Building Industry Legal Defense Fund of Southern California; California Building Industry Association; International Council of Shopping Centers; National Association of Industrial and Office Properties; National Association of Real Estate Investment Trusts; National Association of Realtors; Real Estate Roundtable; and Rochester (Minnesota) Area Builders, Amici on Behalf of Appellant, League of Minnesota Cities; National League of Cities; and International Municipal Lawyers Association, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 13, 2003.

Rehearing and Rehearing Denied: March 21, 2003.

Attorney(s) appearing for the Case

Michael M. Berger, argued, Los Angeles, CA (Gideon Kanner, Los Angeles, CA, Duane Desiderio, Washington, DC, and George O. Ludcki, Minneapolis, MN, on the brief), for appellant.

John M. Baker, argued, Minneapolis, MN (Clifford M. Greene, on the brief), for appellee.

Before RILEY, RICHARD S. ARNOLD, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 21, 2003.

RICHARD S. ARNOLD, Circuit Judge.

Franklin P. Kottschade, a developer, brought this claim under 42 U.S.C. § 1983 against the City of Rochester, charging that the City had taken his property for public use without just compensation, in violation of the Fifth Amendment. He now appeals from a District Court1 dismissal for failure to state a claim upon which relief can be...

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