2012

Collette v. City of Norfolk

Supreme Court of Virginia

85 Va. Cir. 258

City had issued neighbors a fill permit and landowner claimed subsequent flooding had damaged her property. Owner alleged her property had been taken or damaged for private use of adjoining landowners in violation of the Fifth and Fourteenth Amendments of the Constitution of the United States and was entitled to redress pursuant to 42 U.S.C. § 1983. Court dismissed her claims. Fifth Amendment protection was only for taking for a public use. Any damaging by her neighbors was a private use. There was no allegation that her property had been deprived of all economic use. Further, she had not alleged any improper action of the City had been done under color of state law. There was no denial of due process because landowner had brought declaratory judgment action for inverse condemnation which constituted her procedural due process.

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