Legal Opinion

Bello v. Walker

Court of Appeals for the Third Circuit

Decided March 1, 1988No. Nos. 87-3504, 87-3505PublishedCited by 190 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

These cases arise from a municipality’s delay in issuing a building permit. They require us to decide whether a person’s constitutional right to due process can be violated when municipal officials process an application for a building permit pursuant to a constitutionally adequate procedure, but deliberately and arbitrarily abuse government power to deny the application. We hold that such acts can violate a person’s right to substantive due process. One of the cases also presents the issue whether a lengthy delay in obtaining a building permit can…

2Cases cited17 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. City of Oklahoma v. TuttleSupreme Court of the United States · 1985

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3Cited by190 opinions

  1. Sameric Corporation Of Delaware, Inc. v. City Of PhiladelphiaCourt of Appeals for the Third Circuit · 1998
  2. Brady v. Town of ColchesterCourt of Appeals for the Second Circuit · 1988
  3. W. Channing Nicholas, M.D. v. Pennsylvania State UniversityCourt of Appeals for the Third Circuit · 2000
  4. Mavourneen Doherty v. City of Chicago, Graham C. Grady, Judith C. RiceCourt of Appeals for the Seventh Circuit · 1996
  5. Verena Rivera-Powell, Francesca Castellanos, Georgina Sanchez, and Marie Sierra v. New York City Board of Elections, Docket No. 06-4665-CvCourt of Appeals for the Second Circuit · 2006

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