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· 6/15/2005

Charles W. Warren Ruth Warren v. City of Athens, Ohio

Citations

  • 411 F.3d 697
  • 2005 U.S. App. LEXIS 11232
  • 2005 WL 1398519

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a violation of substantive due process “occurs when arbitrary and capricious government action deprives an individual of a constitutionally protected property interest”
  • finding that plaintiffs failed to establish that there was no rational basis for defendants’ zoning decision
  • noting that a unilateral zoning change with respect to a vested right could violate substantive due process
  • explaining that it is plaintiff’s “burden [to] demonstrate[e] that he possessed a protected property [] interest”
  • “[SJubstantive due process concepts are not available to provide relief when another provision of the Constitution directly addresses the- type of illegal government conduct alleged by the plaintiff.”
  • “[S]ubstantive due process concepts are not available to provide relief when another provision of the Constitution directly addresses the type of illegal government conduct alleged by the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Cole, Gibbons

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.