Appellate Law

CA1: let?s get something straight: land use controversies usually lack constitutional dimensions

By S. COTUS

Clark v. Boscher, No. 06-2473.  This is a suit under 42 USC 1983 against a mayor and city counsel that didn?t grant the plaintiffs permits to develop their land.  It was kicked under FRCP 12(b)(6).  The First says that regular land-use controversies don?t really rise to the level of substantive due process claim, and this is just about as regular as it gets.  Likewise, the equal protection claims based on the fact that other developments got permits, because, it turns out that those other developments were considerable different.  As much as I hate to say it, I feel sorry that the town had to defend against this.

Full post as published by Appellate Law and Practice on January 31, 2008 (boomark / email).