Plaintiffs alleged a Fifth Amendment taking because the government took their truck to do a drug operation. The claim survives a motion to dismiss. \u201cBecause plaintiffs do not challenge the legality of the government’s action, we deny the jurisdictional challenge. Because plaintiffs sufficiently allege actions which are inconsistent with the exercise of police power, we also deny the motion to dismiss under Rule 12(b)(6).\u201d Craig Thomas Expeditors LLC v. United States, 2018 U.S. Claims LEXIS 94 (Feb. 16, 2018).<\/p>\n
The order denying defendant\u2019s motion for return of property was not shown to be a final order and thus not yet appealable. Whitney v. State<\/a>, 2018 Ark. App. 128, 2018 Ark. App. LEXIS 121 (Feb. 14, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":" Plaintiffs alleged a Fifth Amendment taking because the government took their truck to do a drug operation. The claim survives a motion to dismiss. \u201cBecause plaintiffs do not challenge the legality of the government’s action, we deny the jurisdictional challenge. … Continue reading