MUSKOGEE, Okla.—Melisa Robinson’s long fight to get Okay, Oklahoma to pay her for the damage it did to her property will continue after a court’s dismissal of her federal case. Melisa was overjoyed when the Oklahoma Supreme Court ruled that the town of Okay owed her family more than $73,000 for taking their property. But the town and its water system have ignored all of Melisa’s efforts to collect. Last year, she sued with the Institute for Justice (IJ) saying the Fifth Amendment requires the government to pay for what it takes.

“I’m not going to stop fighting for what courts say Okay owes me,” said Melisa. “The government shouldn’t be able to play games when people win in court. I’m fighting for my money, but also to stop this from happening to anyone else.”

In 2009, Okay began digging a brand-new sewer line on the mobile home community Melisa owns—without obtaining permission and without giving notice. The contractor did tens of thousands of dollars of damage. Needing to make the homes livable as soon as possible, Melisa paid for the repairs and then sued for compensation. In 2022, the Oklahoma Supreme Court ruled in Melisa’s favor. But for years now the town has refused to pay. Melisa has used the typical state court collection procedures to no avail. Today’s ruling from the federal district court for the District of Oklahoma, which says Melisa cannot sue Okay for violating her federal constitutional rights, means that fight will continue.

The Constitution’s plain language should bar the government from playing shell games when it comes to paying just compensation. Melisa’s lawsuit brings claims against the trust that operates the water system and the town that her Fifth Amendment rights are being violated. She is suing both directly under the Fifth Amendment and under the federal civil rights statute for violations of the Constitution.

“If courts don’t enforce constitutional rights, government officials will ignore them,” said IJ Attorney Marco Vasquez. “We expect the court of appeals to remind Okay that the Constitution is a command, not just a suggestion.”