Owners Can Use Federal Courts for Property Rights Cases

U.S. Supreme Court: People may skip state courts and sue directly via federal courts if they believe state or local governments violated private property rights.

WASHINGTON (AP) – The Supreme Court ruled Friday to allow people to sue in federal court when they believe states and local governments have harmed their property rights, handing a victory to a Pennsylvania woman fighting her town over a cemetery ordinance.

The high court ruled 5-4 along ideological lines in favor of Rose Mary Knick. She tried to bring a lawsuit in federal court after her town passed an ordinance that requires anyone with a cemetery on their land to open it to the public during the day. A town official found several grave markers on Knick’s farmland in eastern Pennsylvania’s Lackawanna County, but she disputes whether there’s actually a small, family cemetery on her 90-acre property .

Source:  Copyright 2019 The Associated Press, Jessica Gresko. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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