Robert Kornblum v. St. Louis County, Missouri John Doe, an Unknown Person and John Doe Ii, an Unknown Person

72 F.3d 661, 1995 U.S. App. LEXIS 36325, 1995 WL 755347
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 22, 1995
Docket93-4111
StatusPublished
Cited by15 cases

This text of 72 F.3d 661 (Robert Kornblum v. St. Louis County, Missouri John Doe, an Unknown Person and John Doe Ii, an Unknown Person) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Kornblum v. St. Louis County, Missouri John Doe, an Unknown Person and John Doe Ii, an Unknown Person, 72 F.3d 661, 1995 U.S. App. LEXIS 36325, 1995 WL 755347 (8th Cir. 1995).

Opinions

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The issue in this case is whether St. Louis County satisfied the notice requirements of the Fourteenth Amendment before it razed Mr. Kornblum’s house. We conclude that the district court erred in granting summary judgment for the County, and therefore reverse and remand for further proceedings. (We state hereafter such facts as the present record evidence would justify a jury in finding. for Mr. Kornblum.)

I.

Prior to Mr. Kornblum’s purchase of the relevant house, and without his knowledge, the County had initiated proceedings to demolish the structure because it was in an advanced state of disrepair. In March, 1987, a County building inspector visited the premises and posted notices that he had declared the structure to be a public nuisance. Such a notice warns that if the building is not repaired or demolished, the County would do it and send the owner the bill. Saint Louis, County Ordinance No. 11,718, § 125.4.1 (1984). The posting was repeated three months later when the inspector learned that the original notices were no longer posted. A title company performed a title search and reported to the County that the property was owned by Orville and Daisy Glendinning, and that Orville Glendinning was deceased. In fact, Daisy Glendinning had also died, a few months before the County had initially inspected the property.

In July, 1987, the County mailed a notice that the property had been declared a nuisance to “Daisy Glendinning c/o Pat Andrew” at Mr. Andrew’s address, because his name appeared on the County tax rolls as the recipient of the tax bills for the property in question. A similar notice was published in a local newspaper. A Saint Louis County ordinance provides, however, that such notices must be “filed and recorded” in the office of the St. Louis County Recorder of Deeds as well. Saint Louis County Ordinance No. 11,-718, § 125.4.3. No such notice was filed or recorded in this case.

The County subsequently published in the same local newspaper notice of a hearing on the question of whether the house should be demolished, and mailed notice of that hearing to “Orville Glendinning c/o Pát Andrew.” In October, 1987, the County held the hearing, but no one purporting to be property owners, or their representatives, appeared. The hearing officer concluded that the house was an unfit structure and issued an order that it be demolished. The order provided that “all affected parties” would be notified that they had thirty days to remove the building themselves before the County would take bids for .the demolition. We have been unable to determine from the record how, or even whether, such notice was given.

More than four months after the order of demolition was issued, Mr. Kornblum purchased the property from the heirs of Daisy Glendinning. Before closing, Mr. Kornblum conducted a title search that revealed that the heirs of Daisy Glendinning were the owners of the property. The title search revealed no reference to any nuisance declarations or demolition orders of any kind, and could not have, since none had been filed or recorded. Mr. Kornblum inspected the [663]*663premises on the date of closing, and found no notice posted on the premises.

Mr. Kornblum began renovation of the premises. Two months after he had purchased the property and six months after the hearing he learned from his landscapers, who had already embarked on improvements to the property, that County employees had entered the premises and demolished the house. Since the demolition, Mr. Kornblum has attempted to sell the premises but to no avail.

Mr. Kornblum filed the present action under 42 U.S.C. § 1983 and Missouri law, alleging in part that the County deprived him of his property without due process of law. The district court granted summary judgment for the County, and dismissed Mr. Kornblum’s pendent state claims for lack of jurisdiction. Kornblum, v. St. Louis County, 835 F.Supp. 1127, 1129 (E.D.Mo.1993). Mr. Kornblum appealed. A panel of our court, one judge dissenting, affirmed, finding that (a) assuming Mr. Kornblum had standing to assert the lack-of notice to the Glendinnings, the County had given constitutionally sufficient notice to the heirs, and (b) Mr. Korn-blum was not himself entitled to notice because his identity was not ascertainable at the time the County gave notice to Andrew. Kornblum v. St Louis County, 48 F.3d 1031 (8th Cir.1995). We voted to consider this case en banc, and now reverse and remand for further proceedings.

II.

The Due Process Clause of the Fourteenth Amendment requires that a State, prior to taking an action affecting an interest in property, provide notice that is reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of that action. Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 795, 103 S.Ct. 2706, 2709, 77 L.Ed.2d 180 (1982); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). It is true that Mullane deals with a complaint about not being afforded an opportunity to be heard, and here plaintiff complains of a failure to give notice that certain property had been declared a nuisance by a County building inspector. Mr. Kornblum is thus not complaining about not being afforded a hearing. In fact, by hypothesis, notice of the hearing that was held later would have been useless to Mr. Kornblum, since he did not purchase the property until well after that hearing was held. But we do not find these differences constitutionally significant. The declaration itself was the beginning of an adjudicatory process that was likely to end (and did end) in the destruction of a building, and it is on that process as a whole that the Constitution makes demands of fairness. -

Given that the total destruction of the house in question was contemplated, notice to the owners, namely, the Glendinning heirs, by mail or personal service, was constitutionally required if their names and addresses were reasonably ascertainable. Mennonite Bd., 462 U.S. at 800, 103 S.Ct. at 2712. We also believe that some form of notice to future purchasers such as Mr. Kornblum was called for under the circumstances of this case. The Supreme Court has recognized that persons “whose interests are either conjectural or future” are entitled to some consideration when notice is provided. See Mullane, 339 U.S. at 317, 70 S.Ct. at 658-59. While the Court was evidently speaking there of present owners of vested and contingent future interests, we see no relevant constitutional differences between such persons and prospective purchasers in an active land market. The identity of the present owners of contingent future interests is frequently as unascertainable as the identity of subsequent buyers. And both classes of persons are likely to suffer loss in equal measure from a lack of notice.

It may or may not be the case that due process requires governmental entities to employ means like those provided by the ordinance here to give notice to future purchasers of proposed state' actions that will affect their interests.

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Bluebook (online)
72 F.3d 661, 1995 U.S. App. LEXIS 36325, 1995 WL 755347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-kornblum-v-st-louis-county-missouri-john-doe-an-unknown-person-ca8-1995.