In 1970, Rose Mary Knick purchased 90 acres of land in Scott Township, Lackawanna County, Pennsylvania. In

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In 1970, Rose Mary Knick purchased 90 acres of land in Scott Township, Lackawanna County, Pennsylvania. In 2008, another resident of Scott Township discovered documents that suggested that one of their relatives may be buried in a cemetery on Knick’s land. Knick asserted that there was no evidence of any cemetery on her land; her land title did not mention a cemetery, and there was no such cemetery registered with the state. In 2012, Scott Township passed an ordinance that any cemetery within the township must have right-of-way access to the nearest public road and must be open during daylight hours. After the ordinance was passed, a township official went onto Knick’s land, discovered stones he deemed to be a cemetery, and cited Knick to be in violation of the ordinance. Knick sued the township in common pleas court, arguing that the township’s actions represented an unconstitutional taking under the Fifth Amendment. The common pleas court refused to hear her case, arguing the case was not ripe because the township had not filed a civil enforcement action against her. Knick appealed to a district court, which again ruled her case unripe because she had not exhausted all state-level options. Knick appealed to the Supreme Court. How do you think the Court ruled? Is Knick’s claim unripe without first going to state court?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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