S. Elkhorn Vill. v. City of Georgetown

Full title: SOUTH ELKHORN VILLAGE, LLC, PLAINTIFF, v. CITY OF GEORGETOWN, et al.…

Court: United States District Court, Eastern District of Kentucky

Date published: Mar 25, 2024

5:23-CV-5-KKC (E.D. Ky. Mar. 25, 2024)

Opinion

5:23-CV-5-KKC

03-25-2024

SOUTH ELKHORN VILLAGE, LLC, PLAINTIFF, v. CITY OF GEORGETOWN, et al., DEFENDANTS.

KAREN K. CALDWELL, UNITED STATES DISTRICT JUDGE.

JUDGMENT

KAREN K. CALDWELL, UNITED STATES DISTRICT JUDGE.

In accordance with the opinion and order entered on this date, the Court hereby ORDERS and ADJUDGES as follows:

1) the Defendants' Motions to Dismiss (DEs 15, 17) are GRANTED;

2) SEV's Takings Clause claims are DISMISSED WITHOUT PREJUDICE for a lack of ripeness;

3) SEV's Due Process claims are DISMISSED WITHOUT PREJUDICE for a failure to alleged a protected property interest;

4) SEV's remaining state law claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3);

5) judgment is ENTERED in favor of the Defendants on all claims;

6) this judgment is FINAL and APPEALABLE; and

7) this matter is STRICKEN from the Court's active docket.