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Article: Developer's Substantive Due Process Claim Denied By United States Supreme Court.(Cuyahoga Falls v. Buckeye Community Hope Foundation is the case)
- Article from:
- Mondaq Business Briefing
- Article date:
- May 9, 2003
- Author:
CopyrightCOPYRIGHT 2003 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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By Christopher B. Hanback and Leo G. Rydzewski
On March 25, 2003, the Supreme Court of the United States issued a decision in a much-heralded developer-rights case that has broad implications for all real property owners. In Cuyahoga Falls v. Buckeye Community Hope Foundation (U.S. 2003), the Supreme Court held that a municipality may use referenda to block affordable housing projects that satisfy zoning requirements but are disfavored by its citizens for allegedly discriminatory reasons. According to the Supreme Court, a municipality does not violate the Fourteenth Amendment's prohibition on deprivations of property without due process when it gives effect to ...