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Benton v. Savannah Airport Comm'n

Plaintiff's failure to purse their state inverse condemnation claim within the 4-year statute of limitation was fatal to their 42 USC § 1983 claim for the taking of property without just compensation.

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Mary Benton and her daughter Rebecca Benton own real estate located next to the Savannah International Airport. They sued the Savannah Airport Commission, alleging that increased air traffic and noise at the airport had damaged the value of their property. In their lawsuit, the Bentons asserted several claims, including an inverse condemnation claim under state law and a claim for the taking of property without just compensation under 42 USC § 1983.

The trial court dismissed the § 1983 claim as not ripe for adjudication, and later entered summary judgment against the Bentons on their inverse condemnation claim because it is barred by the statute of limitations. The trial court also entered summary judgment against the Bentons on all of their other claims. The Bentons appealed the rulings, and this Court affirmed all of the grants of summary judgment, but reversed the dismissal of the § 1983 claim on the ground that the trial court should have deferred ruling on that dismissal until the state inverse condemnation claim was adjudicated.1

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