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Fourth Circuit Finds No Merit to Due Process or Regulatory Takings Claims Where Property Owner Conditional Use Permit Limited the Number of Units That Could be Built

By Patty Salkin

Henry owned four adjoining parcels of land and resided in a single-family home on Parcel A.   The parcels were located on land zoned rural-agricultural but Henry still operated a restaurant on Parcel C.   After the restaurant burned down, Henry applied for a conditional use permit (?CUP?) to develop 76 townhouses on some of that property.  [...]

Full post as published by Law of the Land on March 24, 2011 (boomark / email).