Northwest Ohio Properties, Lt v. Lucas County, Ohio, et al

Filing

OPINION filed : The district court's judgment is AFFIRMED, decision not for publication. Raymond M. Kethledge (Authoring), Bernice Bouie Donald, and Jane R. Roth (Third Circuit), Circuit Judges.

Case: 15-3865

Document: 28-1

Filed: 03/21/2016

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 16a0159n.06

FILED

No. 15-3865
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
NORTHWEST OHIO PROPERTIES, LTD.,
Plaintiff-Appellant,
v.
LUCAS
COUNTY;
OHIO,
WATERMARK
PROPERTIES,
LTD.
V;
GULFSTREAM
DEVELOPMENT,
LTD;
GULFSTREAM
DEVELOPMENT,
LTD
II;
WATERSIDE
SYLVANIA, LLC; ANKNEY ENTERPRISES,
INC.; JOHN DOES 1-30,
Defendants-Appellees.

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Mar 21, 2016
DEBORAH S. HUNT, Clerk

ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT
FOR
THE
NORTHERN DISTRICT OF
OHIO

Before: KETHLEDGE, DONALD, and ROTH,* Circuit Judges.
KETHLEDGE, Circuit Judge. Northwest Ohio Properties sued Lucas County, Ohio
under 42 U.S.C. § 1983, claiming that the County violated Northwest’s Fifth and Fourteenth
Amendment rights by taking a sewage easement across its land. Northwest also asserted various
state-law tort claims against the County and other defendants. The district court dismissed the
§ 1983 claim and declined to exercise jurisdiction over the state-law claims. We affirm.
Northwest owns 61 acres of land in Lucas County. According to Northwest’s complaint,
in 2006 Northwest agreed to give Watermark Properties (a real-estate development company)
and Ankney Enterprises (the company that operated Watermark) an easement for a sewage line
*

The Honorable Jane R. Roth, Senior Circuit Judge for the United States Court of
Appeals for the Third Circuit, sitting by designation.

Case: 15-3865

Document: 28-1

Filed: 03/21/2016

Page: 2

No. 15-3865
Northwest Ohio Properties v. Lucas County, et al.
across Northwest’s land. The sewage line would service a nearby housing development planned
by Watermark. In exchange, Watermark and Ankney agreed to give Northwest two free access
points to the sewage line.
Lucas County approved the planned line and oversaw its construction. The line was
completed in 2007, but without any access points for Northwest. Watermark was placed into
receivership in 2009. The County then took over operation of the sewage line, collecting sewage
fees from the residents of Watermark’s development. But the County refused to grant Northwest
the free access points that Watermark and Ankney had promised Northwest. To date Northwest
has not been compensated in any way for the sewage-line easement.
Northwest thereafter brought this lawsuit, asserting a takings claim under § 1983 and
other claims under state law. We review de novo the district court’s dismissal of Northwest’s
claims. Mokdad v. Lynch, 804 F.3d 807, 810 (6th Cir. 2015).
The Fifth Amendment’s Takings Clause prohibits the federal government from taking
private property for public use without just compensation. U.S. Const. amend. V. The Clause
applies to state governments through the Fourteenth Amendment. Palazzolo v. Rhode Island,
533 U.S. 606, 617 (2001).
A governmental body can violate the Takings Clause in two ways. The first is when it
takes private property for a public purpose without just compensation. See Kelo v. City of New
London, 545 U.S. 469, 477 (2005). To assert this kind of takings claim against a state or local
government, the plaintiff must first exhaust any compensation remedies available under state
law. Vill. of Maineville, Ohio v. Hamilton Twp. Bd. of Trs., 726 F.3d 762, 765 (6th Cir. 2013).
Here, Northwest itself argues that it never asserted this kind of takings claim. Thus, we move on
to the second kind, which occurs when a governmental body takes private property for a private

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Case: 15-3865

Document: 28-1

Filed: 03/21/2016

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No. 15-3865
Northwest Ohio Properties v. Lucas County, et al.
purpose. See Kelo, 545 U.S. at 477-78. A plaintiff making this claim against a state or local
government can proceed directly to federal court because the gravamen of the claim concerns
whether the taking had a public purpose, not whether the plaintiff received just compensation.
See Montgomery v. Carter Cty., 226 F.3d 758, 768 (6th Cir. 2000).
A taking is for a private purpose only if it lacks any “rational connection to a minimally
plausible conception of the public interest.” Id. Here, Northwest cites no case law in support of
its argument that its complaint states a claim on this ground. Instead, Northwest merely asserts
that the sewage line benefitted the developer that built the development. But “the government’s
pursuit of a public purpose will often benefit individual private parties.” Kelo, 545 U.S. at 485.
And the provision of sewer rather than septic service to the County’s residents is a minimally
plausible public purpose. See Key Prop. Grp., LLC v. City of Milford, 995 A.2d 147, 152 (Del.
2010); Robinson v. City of Ashdown, 783 S.W.2d 53, 56 (Ark. 1990).
The district court’s judgment is affirmed.

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