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Held not violated

Lombardi v. Whitman

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the...

Madison v. Graham

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of...

Esplanade Properties, Ltd. Liab. Corp. v. Seattle, City of

The court affirms a district court holding that a city's denial of a company's application to develop shoreline property did not violate the company's state or federal due process rights and did not result in a taking. The court first...

South County Sand & Gravel Co. v. S. Kingstown, Town of

The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first...

Bituminous Materials, Inc. v. Rice County

The court holds that restrictions on a road paving contractor's land use permit for locating a temporary asphalt plant at a gravel pit do not violate the contractor's substantive due process and equal protection rights, or unduly...

New Port Largo, Inc. v. Monroe County

The court holds that a county's rezoning of a landowner's beachfront property from residential to private airport use and leasing of the property to an airport tenant was not an unconstitutional taking or a violation of the landowner's...

Mid-American Waste Sys. v. Gary, City of

The court holds that the city of Gary, Indiana, did not violate the due process rights of a municipal-landfill operator by preventing the operator's trucks from depositing nonmunicipal waste at the landfill. The operator, which had...