Elsmere Park Club, L.P. v. Town of Elsmere
United States Court of Appeals for the Third Circuit
542 F.3d 412 (2008)
Elsmere (defendant) condemned the Club's (plaintiff's) apartment complex without a prior hearing after finding hazardous mold in unoccupied basements, though it never inspected the occupied units to confirm the mold had spread there, and the Club began but then abandoned an available administrative appeal before suing for a due-process violation; the district court granted Elsmere summary judgment because the Club never took advantage of the post-deprivation hearing procedure it was offered.
Whether, if a town condemns a building for emergency hazardous conditions, an adequate post-deprivation hearing satisfies the requirements of procedural due process under constitutional law.