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RIVER CITY CAPITAL, L.P. v. BOARD OF COUNTY COM'RS

No. 05-4331.

491 F.3d 301 (2007)

RIVER CITY CAPITAL, L.P., Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS, CLERMONT COUNTY, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2007.

Attorney(s) appearing for the Case

ARGUED: James F. McCarthy, III, Katz, Teller, Brant & Hild, Cincinnati, Ohio, for Appellant. Mary Lynne Birck, Clermont County Prosecutor's Office, Batavia, Ohio, for Appellee. ON BRIEF: James F. McCarthy, III, Katz, Teller, Brant & Hild, Cincinnati, Ohio, for Appellant. Mary Lynne Birck, Clermont County Prosecutor's Office, Batavia, Ohio, for Appellee.

Before: MARTIN and GUY, Circuit Judges; CARR, Chief District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case presents a familiar question in our circuit: whether a plaintiff in Ohio may proceed directly in federal court based on an alleged unconstitutional taking of his private property by a government entity, or whether he must first exhaust Ohio state remedies. We hold that state exhaustion is required, regardless of the nature of the taking, in keeping with this Court's recent decisions in Coles v. Granville...

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