Gerhart v. Lake County, Mont.

How courts have described this case

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

• holding to succeed in a class of one equal protection claim, 23 24 1 a plaintiff must demonstrate that they were: (1) intentionally (2) treated differently than other 2 similarly situated people, (3) without a rational basis
• finding a constitutional right for Gerhart not to be treated differently by the government than other similarly situated landowners were treated
• holding there is 17 no entitlement to an approach permit
• setting forth the elements of a “class of one” equal protection claim
• finding, on a summary judgment motion, that intent to single plaintiff out in 8 denying his permit could be inferred from officials’ awareness of plaintiff’s ongoing 9 neighborhood feud and of the rarity of their denial of permits such as plaintiff’s
• “a government body’s past practice of granting a government benefit is insufficient to establish a legal entitlement to the benefit.”

Source: CourtListener parenthetical corpus (CC0).