County of Adams v. Hibbard

I concur in the majority’s partial reversal of the court of appeals’ judgment. I respectfully dissent, however, from the majority’s holding that the individual defendants, Robert J. Loew and Darrel L. Matteson, violated the procedural and substantive due process rights of the plaintiffs, Dean Hibbard and H.D. Garrison.

The plaintiffs brought this action in the district court alleging an unlawful taking of their property and the deprivation of their due process rights. The takings claim has been abandoned in this court and the majority rightly does not address that claim. The due process claim,…