Arlo Remmen, et al v. City of Ashland, Nebraska, et al, No. 09-3436 (8th Cir. 2010)
Annotate this CaseCourt Description: Civil case - civil rights. Dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3436 ___________ Arlo W. Remmen; Ashland Salvage, Inc., a Nebraska Corporation, * * * Appellants, * Appeal from the United States * District Court for the v. * District of Nebraska. * City of Ashland, Nebraska, et al., * [UNPUBLISHED] * Appellees. * ___________ Submitted: April 29, 2010 Filed: May 4, 2010 ___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Arlo W. Remmen and Ashland Salvage, Inc., appeal the district court s1 dismissal of their 42 U.S.C. ยง 1983 claims arising out of a longstanding land use and zoning dispute over their operation of a junk and salvage yard in Ashland, Nebraska. Reviewing the dismissal de novo, we conclude that appellants constitutional takings, 1 The HONORABLE RICHARD G. KOPF, United States District Judge for the District of Nebraska. due process, and equal protection claims were properly dismissed for the reasons stated by the district court in its Memorandum and Order dated September 18, 2009. We further conclude that the court did not abuse its discretion in denying appellants belated request for leave to amend. See In re 2007 Novastar Fin. Inc., Sec. Litig., 579 F.3d 878, 884-85 (8th Cir. 2009). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -22
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