Columbia MHC East, LLC, et al. v. Melody Stewart, et al.

The Northern District of Ohio Trial Court dismissed with prejudice, prior to the issuance of summons, the complaint seeking redress against official state acts of state court judges for the definitional taking of Petitioners’ property without just compensation. The Petitioners argue that state judges are state actors under the Fourteenth Amendment of the U.S. Constitution for the purposes of violations of the Fifth Amendment of the U.S. Constitution Takings and Just Compensation Clauses. The Sixth Circuit dismissed the case as moot because Petitioners voluntarily dismissed the nongovernmental defendants. THE QUESTIONS PRESENTED ARE:

1. Can the official actions of state judges violate the Takings and Just Compensation Clauses of the Fifth Amendment to the US Constitution?

2. Does the voluntary dismissal under Fed. R. App. P. 42(b) of non-state defendants during the appeal create a mootness that prevents the Sixth Circuit Court from deciding whether the official acts of state court judges violate the Fifth Amendment Takings and Just Compensation Clauses of the US Constitution?