![]() ![]() ![]() Ericksen, United States District Judge for the District of Minnesota, sitting by designation. The City of Indianola ("City") adopted a land-use ordinance requiring the enclosure of "figure eight cars," among other racing vehicles, when two or more such 1 The Honorable Joan N. * _ Submitted: JFiled: Aug_ Before BYE and MELLOY, Circuit Judges, and ERICKSEN,1 District Judge. * * City of Indianola, Iowa Bob Kreamer * Randy Gathers Shirley Clark Pete * Berry Steve Richardson Mark Victory, * * Defendants - Appellees. Inman, III Vinton Philip Watson Judith Ann Watson, * * * * Appeal from the United States * District Court for the Plaintiffs - Appellants, * Southern District of Iowa. 10-3815 _ Iowa Assurance Corporation Ron's Automotive, LC Ronald L. United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. Accordingly, the court affirmed the well-reasoned judgment of the district court in its entirety. California Coastal Commission did not apply to the ordinance where the ordinance did not require Watson to dedicate any portion of his property to either the City's or the public's use. The court also held that the district court correctly concluded that the takings test articulated in Nollan v. Teleprompter Manhattan CATV Corp., where the ordinance did not erode Watson's right to exclude others from property, which was central to establishing a Loretto claim. The court held that the district court correctly determined that the ordinance should not be analyzed under the standards of Loretto v. City of New York framework to analyze his takings claim. ![]() At issue was whether the district court erred in using the Penn Central Transportation Co. Iowa Assurance Corporation and its co-plaintiffs (collectively referred to as "Watson") sued the City, arguing that the ordinance created an uncompensated regulatory taking in violation of the Fifth and Fourteenth Amendments. The City of Indianola (City) adopted a land-use ordinance requiring the enclosure of "figure eight cars," among other racing vehicles, when two or more such cars were present. ![]()
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