CLEAR SKY CAR WASH LLC v. CITY OF CHESAPEAKE, VA.

No. 13-1492.

743 F.3d 438 (2014)

CLEAR SKY CAR WASH LLC; Clear Sky Car Wash Operating LLC; Samuel Jacknin, founder, owner and managing agent of Clear Sky; Charles Einsmann, co-founder, co-owner and agent of Clear Sky, Plaintiffs-Appellants, v. CITY OF CHESAPEAKE, VIRGINIA; Carole Gillespie, natural person, individually and in her capacity as City Right of Way Manager; Greenhorne & O'mara, Incorporated, d/b/a Greenhorne & O'Mara Consulting Engineers, and in its capacity as and for the City; Thomas Copeland, natural person, individually and as agent of the City; Evelyn Jones, natural person, individually and as agent of the City; Daniel Jones, natural person, individually and as agent of the City; Virginia Department of Transportation, by and through the current Commissioner of Highways, now Gregory Whirley, Sr., in his capacity as such; United States Department of Transportation, by and through its current Secretary, now Ray LaHood in his capacity as such, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 21, 2014.


Attorney(s) appearing for the Case

ARGUED: Edward Joseph Grass , Burke, Virginia, for Appellants. Thomas Jeffrey Salb , Breeden, Salb, Beasley & Duvall, PLC, Norfolk, Virginia; Kent Pendleton Porter , Office of the United States Attorney, Norfolk, Virginia, for Appellees. ON BRIEF: Rebecca L. Dannenberg , Franklin & Prokopik, PC, Herndon, Virginia, for Appellees Greenhorne & O'Mara, Incorporated, Thomas Copeland, Evelyn Jones, and Daniel Jones. Christopher D. Eib , Office of the Attorney General, Richmond, Virginia, for Appellee Virginia Department of Transportation. Neil H. MacBride , United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee United States Department of Transportation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge DIAZ joined.


NIEMEYER, Circuit Judge:

In connection with a project to widen Dominion Boulevard (U.S. Route 17) in the City of Chesapeake, Virginia, the City took the property of Clear Sky Car Wash LLC, consisting of a 32,056-square-foot parcel of land on which Clear Sky operated a car wash. Following unsuccessful negotiations with Clear Sky to purchase the property, the City initiated a "quick take" proceeding to take the property, pursuant to Virginia Code §§ 33.1-119...

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