Monday, June 07, 2004
Car wash sues city for cutting its water, Judge Michael dismisses for lack of jurisdiction and failure to state a claim
In Express Carwash of Charlottesville, LLLP v. City of Charlottesville, Senior Judge Michael of the W.D. Va. affirmed the recommendations of Magistrate Judge Crigler and dismissed the constitutional claims brought by a Charlottesville car wash against the City for rationing its water during a time of drought. The Court concluded, among other things, that the plaintiff's Takings claim was not ripe, and because the water-rationing scheme was rational, plaintiff had no Equal Protection claim.