Wednesday, September 10, 2008

due process - emergency - post-deprivation hearing

Elsmere Park Club v. Town of Elsmere - 3d Circuit - September 9, 2008

http://www.ca3.uscourts.gov/opinarch/071821p.pdf

Town condemned apartment complex because of mold and sewage problems.

Held: No pre-deprivation hearing was required because of "exception circumstances" and need for prompt government action, e.g. threat to public health of safety.

The post-deprivation process that was offered--and which owner abandoned--was held to be adequate.

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