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· 7/3/1990

Smithfield Concerned Citizens for Fair Zoning v. The Town of Smithfield, Etc.

Citations

  • 907 F.2d 239
  • 1990 WL 89737

How courts have described this case

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

  • holding that true purpose of ordinance is irrelevant for determining whether, for purposes of due process, rational relationship exists between ordinance and any conceivable government objective
  • stating that a governmental entity does not have to justify its actions by the use of any specific studies
  • stating that a governmental entity does not have to justify its actions by the use of any specific studies
  • holding that facial substantive due process claim which attacks zoning ordinance in its entirety and not as applied is not bound by same ripeness requirements; in reaching merits, the court held that because change of zone was consistent with comprehensive plan, attack must fail
  • noting that the court’s inquiry as to whether substantive due process is satisfied is limited to “whether the rationality of [the Board’s] judgment is ‘at least debatable’”
  • reviewing a facial challenge to a land use ordinance by applying the substantial relation test

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Bownes, Cyr

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.