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Taake v. County of Monroe

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ARGUED APRIL 15, 2008

Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Gene Taake brought suit in federal district court, under 42 U.S.C. § 1983, in an attempt to force the County of Monroe into selling him a piece of land that Taake argues the County contractually agreed to sell him. Taake alleged a deprivation of his rights to procedural and substantive due process under the United States Constitution. See U.S. Const. amend. XIV. He also raised a state-law breach-of-contract claim, sought specific performance from the County, and requested a preliminary injunction. Because there is no basis for federal jurisdiction in this case, we vacate the district court’s decision and remand with instructions to dismiss the case without prejudice.

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