SCOTUS Shortlister Judge Kethledge Has Read The Knick Briefs: "[T]he Takings Clause does not say that private property shall not 'be taken for public use, without just compensation, and without a remedy in state court.'"

It wasn't going to be too hard to figure out what the U.S. Court of Appeals for the Sixth Circuit was going to do in Lumbard v. City of Ann Arbor, No. 18-1258 (Jan. 10, 2018). After all, the case involved a federal takings claim in federal court, which the district court dismissed because the plaintiff had already litigated her state takings claims in state court. Yes, the plaintiff tried to make an England reservation in the earlier state court litigation to inform everyone that she was expressly not also litigating her federal takings claim. But ever since San Remo, you know what that means: diddly squat. Later, when the plaintiff came to federal court and asserted her federal takings claim, that court concluded full faith and credit, blah blah blah.  The Sixth Circuit in just a few more words, affirmed. A short opinion (7 pages) with nothing terribly surprising, other than some between-the-lines signalling by the judges that they weren't completely on board…

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