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Kantner v. Martin County

ELR Citation: 26 ELR 21558
Nos. Nos. 94-14092-CIV et al., 929 F. Supp. 1482/(S.D. Fla., 05/30/1996)

The court holds that a county's imposition of conditions on commercial developers' master plan for three parcels of property did not violate the developers' rights to substantive due process and equal protection under the Fourteenth Amendment to the U.S. Constitution. The court first holds that the county's actions do not give rise to a substantive due process claim, because they are not legislative. Further, even if the developers had substantive due process rights arising out of the conditions the county imposed on their plan, they cannot support their claim. The county has identified rational bases for its land use decisions and the developers present no facts that counter the bases for the county's decisions. The court next holds that assuming that the developers can bring an equal protection claim, the county passes the rational basis test. Thus, no material facts are in dispute that warrant denial of the county's motion for summary judgment.

Counsel for Plaintiffs
Thomas Warner, Tim B. Wright
Warner, Fox, Seeley, Dungey & Sweet
1100 S. Federal Hwy., Stuart FL 34995
(407) 287-4444

Counsel for Defendants
Nancy E. Stroud
Burke, Weaver & Prell
One Lincoln Pl.
1900 Glades Rd., Ste. 350, Boca Raton FL 33431
(407) 391-0400