Moore v. Middletown

Appellants here were property owners who alleged that a foreign municipality rezoned land that lay in the municipality but that was adjacent to their property in another municipality for the benefit of private enterprise rather than public health. The complaint sought both a declaratory judgment, alleging violations of due process and equal protection, and a writ of mandamus, alleging a regulatory taking for which Appellants were entitled to compensation. The trial court concluded (1) Appellants had standing to bring a declaratory-judgment action, but Appellants' constitutional claims failed; and (2) Appellants' takings claim failed. The court of appeals affirmed, holding that the property owners lacked standing to bring their claims without distinguishing between the declaratory judgment and mandamus claims. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) consistent with the Court's holding in Clifton v. Blanchester, Appellants did not have standing to assert a mandamus claim for appropriation of land outside the territorial limits of municipality; but (2) Appellants did have standing to bring a declaratory-judgment action to challenge the constitutionality of the ordinances. View "Moore v. Middletown" on Justia Law