Brick

Brick v. Department of Transportation

Good Law
1981 Bankr. LEXIS 4736·9 B.R. 435
United States District Court, Northern District of CaliforniaMarch 9, 1981Bankruptcy No. 1-80-00088; Adv. No. 1-80-0260California653 words

Opinion

Lead Opinion

Brown, J.

DENIAL OF MOTION TO DISMISS AND SETTING PRE-TRIAL CONFERENCE

Plaintiffs filed a petition under Chapter 11 of the Bankruptcy Code on February 1, 1980 being Case Number 1-80-00088. Among the various activities of the debtors pursuant to the Chapter 11 proceeding they filed the above entitled suit against the State of California on December 2, 1980 seeking damages on a theory of inverse condemnation. Service was made, and on January 5, 1981 the attorneys for the State of California noticed a Motion to Dismiss indicating that this Court lacks jurisdiction because of the Eleventh Amendment of the Constitution and cases decided thereunder.

The Eleventh Amendment provides:

The State in its memorandum then cited a number of cases indicating that it has been consistently held that the State is immune from suit brought in Federal Courts by its own citizens as well as by citizens of another state. Particular emphasis was placed on the case of Edelman vs. Jordan (1974) 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 .

Attorney for plaintiffs filed a memorandum in opposition indicating that in an inverse condemnation of the debtors property, *436 the damages would be property of the Chapter…

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