Tri-County Paving, Incorporated v. Ashe County Ashe County Board of Commissioners

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 availability of post-deprivation procedures barred a landowner’s procedural due process claim
• noting that an abstract need or desire for a property interest or a unilateral expectation of a property interest is insufficient to state a claim
• finding that after plaintiff chose not to pursue state court remedies, including petition for writ of mandamus, plaintiff could not “complain now that the state did not provide adequate procedures”
• noting that “protecting the health or welfare of county residents” is a legitimate interest
• discussing our precedent holding that government action that is “manifestly] arbitrary] and unfair[ ]” and “not related to any legitimate [government] interest” creates a substantive due process claim
• finding no deprivation of due process where permit applicants were afforded the “opportunity to submit the documentation necessary to qualify for a building permit” and “often spoke directly with... the Director of Building Inspections[] regarding [their] permit application”

Source: CourtListener parenthetical corpus (CC0).