Covington Court, Ltd. v. Village of Oak Brook
In Covington Court, Ltd. v. Village of Oak Brook, 77 F.3d 177 (7th Cir. 1996), the Court held that even where a state takes property for "a purely private rather than a public use," on "takings and due process claims, a plaintiff first must show that it has availed itself of state court remedies." See Covington, 77 F.3d at 179-80.
In Covington Court, as a condition of moving their development plans forward by the local board of trustees, the developer conveyed portions of the lots to a private party and even landscaped land, granted easements and erected a fence for the private party. See Covington Court, 77 F.3d at 178.
Despite the private nature of these extorted acts, the Court refused to excuse the developer from Williamson's ripeness requirements. See id. at 179.
The Court affirmed the district court's grant of a motion to dismiss under Federal Rules of Civil Procedure Rule 12(b)(6) because the plaintiff had failed to pursue "the remedies available to it through the state courts." Covington Court, 77 F.3d at 178.