November 15, 2007
Post-Lingle Substantive Due Process Case
Over at Law of the Land, Patty Salkin has a post on a recent Ninth Circuit decision in Crown Point Development, Inc. v. City of Sun Valley. The Circuit had previously barred land-use substantive due process claims, under the reasoning that if a land use regulation did not substantially advance a legitimate interest, it was a taking. So under the prior Ninth Circuit law, a substantive due process claim would be replaced by a takings claim. This reasoning was always suspect, but is clearly wrong after Lingle. So in Crown Point, the Ninth Circuit has correctly recognized that a landowner can maintain a substantive due process challenge to a land-use regulation.
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