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Article: Land development, the Graham doctrine, and the extinction of economic substantive due process.(regulatory takings)
- Article from:
- University of Pennsylvania Law Review
- Article date:
- April 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 University of Pennsylvania, Law School. 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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INTRODUCTION
A developer seeks to build low-income housing in a middle-class suburb. She complies with the local zoning ordinance and all the permit regulations, but a citizens' group protests because it fears the subdivision will lower property values. The local government accedes and uses a pretext to reject the subdivision plan. Consequently, the developer loses her financing and her shirt. To avoid the expense and delay of an inverse condemnation suit for a regulatory taking in state court, she brings instead a substantive due process claim in federal court. This Comment concerns whether her substantive due process claim should lie.
As government's ...