Elsmere Park Club, L.P. v. Town of Elsmere

542 F.3d 412 (2008)

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Elsmere Park Club, L.P. v. Town of Elsmere

United States Court of Appeals for the Third Circuit
542 F.3d 412 (2008)

Facts

The Town of Elsmere (Elsmere) (defendant) condemned an apartment complex owned by Elsmere Park Club (the Club) (plaintiff) based on a determination that extreme and hazardous mold conditions in unoccupied basements might spread to occupied units. Elsmere did not hold a hearing before the condemnation. Furthermore, Elsmere did not inspect the occupied units to see if mold had indeed spread to those units. The Club sought an administrative appeal but then abandoned the appeal. Subsequently, the Club brought suit, arguing that Elsmere had violated the Club’s right to procedural due process by failing to provide a hearing before condemnation and by providing inadequate process after condemnation. The United States District Court for the District of Delaware granted summary judgment for Elsmere on the ground that the Club was ineligible for relief, because the Club had failed to avail itself of Elsmere’s post-deprivation hearing procedure. The Club appealed.

Rule of Law

Issue

Holding and Reasoning (Ambro, J.)

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