Case Summary: 12-cv-00608
This is an alleged civil rights suit involving a city requiring a property owner to replace windows with wood windows rather than aluminum windows because it was in a historic district.
The suit was originally filed in state court but was removed by the City of Des Moines to federal court. Plaintiffs allege that the City of Des Moines violated their rights to due process under the federal and state constitutions by being arbitrary, capricious, biased, and abusing its discretion in its decision to require wooden windows. They also allege that the City violated their equal protections rights by basing its decision on whether to grant an exception to Plaintiffs upon Plaintiffs’ identity, stature, financial means, and timing. Finally, they allege that the City’s decision is an unconstitutional taking of property in violation of the 5th Amendment to the US and Iowan Constitutions.
After removing the case to federal court, the Defendants almost immediately filed a Motion to Dismiss for Failure to State A Claim and Motion to Dismiss for Lack of Jurisdiction. This hour long video is of the hearing on that Motion.
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