Anselma Station, Ltd. v. Pennoni Associates, Inc.

I concur with the majority’s affirmance of the trial court’s order dismissing Count VIII of Anselma’s amended complaint because Pennoni’s conduct regarding Anselma’s land use permits did not state a cause of action cognizable under 42 U.S.C. § 1983 (Section 1983). However, I do not join because I disagree with the reasoning used in that portion of the majority’s opinion discussing procedural and due process rights under Section 1983 in arriving at its holding.

Regarding the issue of procedural due process, the majority determined that Anselma failed to state a cause of action for this type of…