Payhabc

Full title: SHAWN KINCHELOE, Plaintiff, v. MAYOR AND CITY COUNCIL OF BALTIMORE., et…

Court: United States District Court, D. Maryland

Date published: Feb 20, 2008

Facts

Shawn Kincheloe has brought suit against defendants Mayor and City Council of Baltimore, et al., and Paul T. Graziano, as Executive Director of the Housing Authority of Baltimore City (“HABC”), for an alleged violation of his rights under the Fifth Amendment to the United States Constitution and Article III § 40A of the Maryland Constitution. (Am. Compl. ¶¶ 16, 24-26.) The plaintiff alleges that the defendants “unlawfully took property that was rightfully the [p]laintiff’s” without just compensation, by requiring the plaintiff to pay $47,100 before the defendants released the mortgage on the plaintiff’s property. ( Id. ¶¶ 16, 26.) Plaintiff and defendants have filed cross-motions for summary judgment, and the respective oppositions and replies have followed.

Issue

Decision

For these reasons, I grant the defendant’s motion for summary judgment and deny the plaintiff’s motion for summary judgment. A separate order to that effect is being entered herewith. 

ORDER

For the reasons stated in the accompanying Opinion, it is, this 20th day of February 2008

ORDERED

1. Plaintiff’s motion for summary judgment is denied;

2. Defendants’ motion for summary judgment is granted; and

3. Judgment is entered in favor of the defendants against the plaintiff.

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