Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Michael McIntosh and Rebecca McIntosh v. City of Maidsonville, Kentucky
Date: 01-21-2025
Case Number: 21-CV-126
Judge: David J. Hale
Court: United States District Court for the Western District of Kentucky (Daviess County)
Plaintiff's Attorney:
Click Here For The Best Owensboro Condemnation Lawyer Directory
Defendant's Attorney: James P.Landry
Description:
Owensboro, Kentucky condemnation lawyer represented the Plaintiff who sued on violation of due process theory.
The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City's motion for summary judgment.
* * *
The Fourteenth Amendment says that the States may not "deprive any person of life, liberty, or property, without due process of law.†When it comes to property that a State or city wishes to condemn, the relevant government unit must give the owner "notice†and the "opportunity to be heard†before tearing down the property. Warren v. City of Athens, 411 F.3d 697, 708 (6th Cir. 2005).
The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City's motion for summary judgment.
* * *
The Fourteenth Amendment says that the States may not "deprive any person of life, liberty, or property, without due process of law.†When it comes to property that a State or city wishes to condemn, the relevant government unit must give the owner "notice†and the "opportunity to be heard†before tearing down the property. Warren v. City of Athens, 411 F.3d 697, 708 (6th Cir. 2005).
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Michael McIntosh and Rebecca McIntosh v. City of Maidsonv...?
The outcome was: Reversed
Which court heard Michael McIntosh and Rebecca McIntosh v. City of Maidsonv...?
This case was heard in United States District Court for the Western District of Kentucky (Daviess County), KY. The presiding judge was David J. Hale.
Who were the attorneys in Michael McIntosh and Rebecca McIntosh v. City of Maidsonv...?
Plaintiff's attorney: Click Here For The Best Owensboro Condemnation Lawyer Directory. Defendant's attorney: James P.Landry.
When was Michael McIntosh and Rebecca McIntosh v. City of Maidsonv... decided?
This case was decided on January 21, 2025.