Del. Judge Dismisses Suit Over Condemnation of Apartment Complex

WILMINGTON, Del. - A U.S. District Judge has dismissed Due Process claims brought by the former owners of a 39-building apartment complex arising from a 2002 municipal order closing the buildings because of mold contamination. Elsmere Park Club, L.P. v. Town of Elsmere, et al., No. 04-1321-SLR (D. Del.).

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware found in her Feb. 21 opinion that reasoning behind the extensive closure and the town's failure to provide a post-closure hearing violated the Elsmere Park Club's Due Process rights under the 14th Amendment, but concluded that the …