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· 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 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.