TITLE

Realizing Judicial Substantive Due Process in Land Use Claims: The Role of Land Use Statutory Schemes

AUTHOR(S)
Ramachandran, Nisha
PUB. DATE
May 2009
SOURCE
Ecology Law Quarterly;2009, Vol. 36 Issue 2, p381
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Crown Point Development, Inc. v. City of Sun Valley, the Ninth Circuit removed a bar to bringing substantive due process land use claims before the court. Despite this development, substantive due process claims in the land use context remain largely unavailable at the federal level. This Note examines the historical and continued resistance to substantive due process at the federal level and argues that two major obstacles facilitate deference to local government decision making. Given trends of a decreasing scrutiny of such claims at the state level, this Note argues that statutory changes could strengthen safeguards against arbitrary and irrational decision making in land use decisions.
ACCESSION #
43800534

 

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