United States v. Wesley Running Shield

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 09-3436
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Arlo W. Remmen; Ashland Salvage, *
Inc., a Nebraska Corporation, *
*
Appellants, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
City of Ashland, Nebraska, et al., * [UNPUBLISHED]
*
Appellees. *
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Submitted: April 29, 2010
Filed: May 4, 2010
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Before LOKEN, BYE, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Arlo W. Remmen and Ashland Salvage, Inc., appeal the district court’s 1
dismissal of their 42 U.S.C. § 1983 claims arising out of a longstanding land use and
zoning dispute over their operation of a junk and salvage yard in Ashland, Nebraska.
Reviewing the dismissal de novo, we conclude that appellants’ constitutional takings,
1The HONORABLE RICHARD G. KOPF, United States District Judge for the
District of Nebraska.

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due process, and equal protection claims were properly dismissed for the reasons
stated by the district court in its Memorandum and Order dated September 18, 2009.
We further conclude that the court did not abuse its discretion in denying appellants’
belated request for leave to amend. See In re 2007 Novastar Fin. Inc., Sec. Litig., 579
F.3d 878, 884-85 (8 th Cir. 2009). Accordingly, we affirm. See 8 th Cir. R. 47B.
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