Gregory P. Nies, et al v. Town of Emerald Isle

Case Status

Current Status: Open
Date Filed: Apr 17th, 2012
Last Action: Apr 17th, 2012
Court Filed In: US District Court Eastern District

Case Summary

NCICL and the Pacific Legal Foundation have filed an amicus brief in federal court advocating for the rights of property owners whose property have been taken by their local government. In short, property owners in Emerald Isle filed a just compensation claim in state court to receive compensation for the taking of their property, but the Town removed it to federal court. However, case law holds that property owners must file just compensation claims in state court or the claims will be deemed unripe in federal court. Plaintiffs have filed a motion to remand. If the case isn't remanded, their claims could be dismissed as unripe in which case their loss would not be compensated.

Documents Filed

Document Title Date Filed Court Download
Amicus Curiae Brief 04/17/2012 US District Court Eastern District PDF 106KB