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ELSMERE PARK CLUB, L.P. v. TOWN OF ELSMERE

No. 07-1821.

542 F.3d 412 (2008)

ELSMERE PARK CLUB, L.P., a Delaware limited partnership, Appellant v. TOWN OF ELSMERE, a Delaware municipal corporation; Ellis J. Blomquist; Eugene Boneker; John Giles.

United States Court of Appeals, Third Circuit.

Opinion filed: September 9, 2008.

Attorney(s) appearing for the Case

Douglas F. Schleicher, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Philadelphia, PA, David S. Eagle, Esquire (Argued), Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, Wilmington, DE, for Appellant.

Edward M. McNally, Esquire (Argued), Liza H. Sherman, Esquire, Jason C. Jowers, Esquire, Morris James, Wilmington, DE, for Appellees.

Before: AMBRO, FISHER, and MICHEL, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether the Town of Elsmere, Delaware, violated Elsmere Park Club's procedural due process rights under the Fourteenth Amendment to our Constitution when the Town condemned the Club's apartment complex without offering a predeprivation hearing. We hold that the Town did not run afoul of the Constitution because postdeprivation process was all that was required given the circumstances of this case. Because...

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