Michael McIntosh and Rebecca McIntosh v. City of Maidsonville, Kentucky

Date: 01-21-2025

Case Number: 21-CV-126

Judge: David J. Hale

Court: United States District Court for the Western District of Kentucky (Daviess County)

Plaintiff's Attorney:

Defendant's Attorney: James P.Landry

Description: Owensboro, Kentucky condemnation lawyer represented the Plaintiff who sued on violation of due process theory.

The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City’s motion for summary judgment.

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The Fourteenth Amendment says that the States may not “deprive any person of life, liberty, or property, without due process of law.” When it comes to property that a State or city wishes to condemn, the relevant government unit must give the owner “notice” and the “opportunity to be heard” before tearing down the property. Warren v. City of Athens, 411 F.3d 697, 708 (6th Cir. 2005).

Outcome: Reversed

Plaintiff's Experts:

Defendant's Experts:

Comments: