MICHAEL MCINTOSH; REBECCA MCINTOSH v. CITY OF MADISONVILLE, KENTUCKY - Articles

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MICHAEL MCINTOSH; REBECCA MCINTOSH v. CITY OF MADISONVILLE, KENTUCKY

Posted by: Azya Thornton on Jan 21, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Thomas E. Springer, III, SPRINGER LAW FIRM, PLLC, Madisonville, Kentucky, for Appellants.

Attorneys 2: ARGUED: James P. Landry, KEULER, KELLY, HUTCHINS, BLANKENSHIP & SIGLER, LLP, Paducah, Kentucky, for Appellee.

Attorneys 3: ON BRIEF: Thomas E. Springer, III, SPRINGER LAW FIRM, PLLC, Madisonville, Kentucky, for Appellants.

Attorneys 4: ON BRIEF: A. Sigler, KEULER, KELLY, HUTCHINS, BLANKENSHIP & SIGLER, LLP, Paducah, Kentucky, for Appellee.

Judge(s): SUTTON, Chief Judge; BUSH and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Western District of Kentucky at Owensboro

SUTTON, Chief Judge. The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City’s motion for summary judgment. Because triable issues remain over whether the City provided the McIntoshes an adequate opportunity to be heard, we reverse its disposition of this claim and affirm its handling of the other claims.

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