Federal Courts
CHARLESTON - A federal judge has dismissed a lawsuit filed by a developer targeting the city of Dunbar and one specific member of the city's council.
Robert Weidlich, through his company, Weidlich and Associates, claimed the defendants had effectively taken his property without compensating him by denying his requests to have the land rezoned so he could sell the property.
U.S. District Judge John T. Copenhaver on Monday dismissed Weidlich's case as being "unripe" for review, primarily because there were other avenues -- besides a constitutional lawsuit -- for Weidlich to explore.
Weidlich filed the lawsuit in October 2008 after the city's planning commission, and later city council, voted in 2006 to disapprove of his request to have his property rezoned from single family use to multi-family use.
Copenhaver, in his order, said Weidlich had an avenue through West Virginia law to seek compensation for the land.
Copenhaver said that Weidlich could have initiated an inverse condemnation action in state court. He also could have requested a circuit judge compel the city to institute eminent domain proceedings on the land.
"Because Weidlich has not taken advantage of these state modes of redress, and thus has not been denied just compensation … its takings claims are unripe," Copenhaver wrote.
U.S. District Court case number: 2:08-1185
Having the ability to bring an action in Federal Courts is increasingly difficult. The federal system defers to finality of State processes before providing any possible consideration of cases.