Emmert Industrial Corp. v. City of Milwaukie

MEMORANDUM **

Plaintiff Emmert Industrial Corp. (“Emmert”) appeals an order of the district court granting summary judgment to defendant, the City of Milwaukie (the “City”). Emmert filed an action against the City under 42 U.S.C. § 1983 , alleging that the City’s proposal to halt demolition of an Emmert property in exchange for a litigation waiver amounted to an “unconstitutional condition” that deprived Emmert of its First Amendment right to access the courts.

Emmert’s claim stemmed from its acquisition of a run-down house in the City that was the subject of a nuisance abatement proceeding. 2 Emmert intended to move the house to a new location to stave off demolition, but was unable to obtain the necessary permits.

After the matter had dragged on for several months without resolution, the City decided to proceed with demolition. In a final effort to save the house, the City proposed a “Final Agreement” to Emmert. The agreement conditionally approved a permit to relocate the house and held demolition in abeyance — so long as Emmert met strict performance requirements. The agreement also required Emmert to waive all claims against the City related to the house. Emmert objected…