Circuit Says Town Didn't Need to Offer Pre-Condemnation Hearing

PHILADELPHIA - A town that offered an apartment complex a condemnation appeals process but not a pre-deprivation hearing didn't run afoul of the U.S. Constitution's Due Process clause, the 3rd Circuit Court of Appeals has ruled. Elsmere Park Club, L.P. v. Town of Elsmere, et al., No. 07-1821 (3rd Cir.).

The Sept. 9 ruling came in a lawsuit brought in federal court against the Town of Elsmere, Del., over its decision to condemn and evacuate an apartment complex over fears of mold contamination and other hazards.

The Elsmere Park Club, which operated the 156-unit complex, sued in 2004 after town …