The US Court of Appeals for the Second Circuit (NY) has provided some guidance on how to prove a substantive due process zoning case, and what is a “property interest” that triggers constitutional protection. In Cine SK8, Inc. v. Town of Henrietta (No. 06-1718-cv) (Nov. 8, 2007), “Fun Quest” received a special use permit to
Due process
▪ Ninth Circuit: Landowner May Assert Both Takings and Due Process Claims
A must-read decision today from the Ninth Circuit — Crown Point Development, Inc. v. City of Sun Valley, No. 06-35189 (Nov. 1, 2007). The court clarified a point that has been a long time coming: a property owner may assert claims under both the Takings and the Due Process Clauses. In other words, land…