Hillcrest Property, LLP v. Pasco County

Developer seeks to develop its Pasco County, Fla. property into retail shopping. County officials demand that the developer dedicate 50 feet for a road, later raising the demand to 140 feet—more than a quarter of the total parcel. Alas, says the Eleventh Circuit, no substantive due process claim arises out of an unlawful application of a land use ordinance. (Fret not, years ago the county paid nearly $5 mil to settle the takings claim.) Concurrence: The attempt to revive a dropped takings claim and infuse it with new life under substantive due process is “not how constitutional law works.”

Tags: 2019, Eleventh Circuit, Substantive Due Process, Takings Clause

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