LAW.coLAW.co

Arlo W. REMMEN; Ashland Salvage, Inc., a Nebraska Corporation, Appellants, v. CITY OF ASHLAND, NEBRASKA, et al., Appellees

United States Court of Appeals for the Eighth Circuit2010-05-04No. No. 09-3436
373 F. App'x 644

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

Aio W. Remmen and Ashland Salvage, Inc., appeal the district court’s dismissal of their 42 U.S.C. § 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, 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 comb 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.

. The HONORABLE RICHARD G. KOPF, United States District Judge for the District of Nebraska.