Boggs v. City of Cleveland

The owners bought property in 1995 and live there with their daughter. It is under the flight paths of runways of the Cleveland Hopkins International Airport. In 2002, the owners filed a class-action mandamus action, seeking to compel the city to initiate appropriation proceedings, claiming that the level and frequency of flights so interfered with their use and enjoyment that the property had been taken for public use without just compensation. The state court dismissed. They tried again in 2008, citing expansion projects. The city removed the case to federal district court, which dismissed with prejudice. The Sixth Circuit reversed and remanded. The district court erred in applying res judicata; the claims based upon the 2004 and 2007 expansions could not have been raised in the 2002 Action and are premised on a new transaction or occurrence distinct from the subject matter of the 2002 Action.