Greenbriar Village, L.L.C. v. Mountain Brook, City

How courts have described this case

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

• finding that Greenbriar made expenditures in reliance on the City’s land-disturbance permit and that Greenbriar did not obtain the permit in bad faith
• “According to McKinney, non-legislative deprivations of state-created rights, which would include land-use rights, cannot support a substantive due process claim, not even if the plaintiff alleges that the government acted arbitrar[il]y and irrationally.”
• “[N]on-legislative deprivations of state-created rights, which would include land-use rights, cannot support a substantive due process claim .... ”
• substantive due process protects fundamental rights created by the Constitution but not state-created property interests
• “[N]o procedural due process claim exists until a sufficiently certain property right under state law is first shown.”
• “[T]o the extent that Greenbriar predicates its substantive due process claim directly on the denial of its state-granted and-defined property right in the permit, no substantive due process claim is viable.”

Source: CourtListener parenthetical corpus (CC0).