Professor Judith Wegner has returned her State & Local Government Law Prof Blog from hiatus, and posts a quick summary of zoning law and concepts, which although it is entitled “Zoning Basics for Beginners,” is well worth a read by those with more experience in the field. Check it out, along with the associated powerpoints, here.Continue Reading Zoning Basics
November 2007
▪ Ninth Circuit: Landowner May Assert Both Takings and Due Process Claims
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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 use guys, the court has finally torpedoed Armendariz v. Penman, 75 F.3d 1311 (9th Cir. 1996) (en banc).
Armendariz stood for the unusual proposition that a property owner’s claim for violations of substantive due process rights were “subsumed” within the owner’s claim for violation of the Takings Clause. Thus, in land-related issues, a property owner could only bring takings claims.
Sun Valley rejected Crown Point’s development application. Afterpursuing relief in state court, Crown Point filed a federal civil rights actionpursuant to 42 USC § 1983, alleging that Sun Valley arbitrarilyinterfered with its property rights…
Continue Reading ▪ Ninth Circuit: Landowner May Assert Both Takings and Due Process Claims