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MacKenzie v. San Marcos, City of

Citation: 35 ELR 20057
No. No. SA 03 CA 0250, (W.D. Tex., 03/02/2005)

A district court dismissed property owners' takings, substantive due process, and equal protection claims against a city after the city denied the owners' request for building permits. The owners' takings claim was dismissed for lack of subject matter jurisdiction. The owners did not adequately seek compensation through state procedures. The owners' substantive due process claim was dismissed because they did not possess a constitutionally protected right to develop the property in violation of the zoning laws and other land use regulations that existed at the time. Even if a property right were constitutionally cognizable in this matter, the city's interference with the owners' property interests were rationally related to the city's legitimate government interests to retain the zoning classifications and to build a major thoroughfare near the property. Last, the owners' equal protection claims were dismissed because they failed to demonstrate particular instances in which the city acted differently with respect to similarly situated zoning requests, and the city's actions are rationally related to a legitimate state interest.