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Substantive due process

Juliana v. United States

A magistrate judge recommended that a district court deny motions to dismiss a lawsuit brought by a group of young people against the U.S. government for failing to protect them from climate change. The plaintiffs alleged that the...

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...

MacKenzie v. San Marcos, City of

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...

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...

In re Chevron U.S.A., Inc.

The court rejects a district court trial plan that provided for a unitary trial on general liability and causation in a mass tort case against an oil company that owned a crude oil storage waste pit on which plaintiff-appellees' homes...

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...

Kantner v. Martin County

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...