· 10/25/2006
Clubside, Inc. v. Valentin
Citations
- 468 F.3d 144
- 2006 U.S. App. LEXIS 32347
- 2006 WL 3019672
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the statutory authority to consider whether [an application] [was] in the public interest vest[ed] the [local authority] with sufficient discretion to defeat [the plaintiffs] claim to a constitutionally protecta-ble property interest”
- noting that the “certainty or very strong likelihood” standard is met “only where the issuing authority has virtually no discretion to deny [an] application”
- adding that while “normally” the similarly situated determination is “grist for the jury’s mill,” a judge can dispose of an equal-protection claim via summary judgment if plaintiffs fail to shoulder their burden on this critical issue
- describing a plaintiffs burden at summary judgment in a class of one case as “more stringent than that used at summary judgment in the employment discrimination context”
- finding, on summary judgment, that 28 single-family homes were insufficiently similar to 288 duplex/triplex townhouses
- rejecting class-of-one claim where zoning board’s decision was “arbitrary and capricious” under state law
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Leval, Sotomayor
Read full opinion on CourtListenerSourced 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.