Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

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

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


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


Holding and Reasoning (Ambro, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 371,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial