What is the test for a claim for compensatory damages for a loss of property due to an alleged due process violation?
MultiRegion, United States of America
The following excerpt is from Dorce v. City of N.Y., Docket No. 20-1809-cv (2nd Cir. 2021):
claim for compensatory damages for an alleged due process violation); Nesses v. Shepard, 68 F.3d 1003, 1005 (7th Cir. 1995) (same). We conclude that Plaintiffs may seek compensatory damages equal to the excess value of their lost property, over and above the amount owed in taxes. That is an appropriate measure of Plaintiffs' damages because, even had they been given adequate notice, their properties would still be tax-delinquent.29
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