Thorp v. Town of Lebanon

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 59. (concurring). I join the majority opinion *645except for the discussion about substantive due process. I write separately to state that Í would adopt the court of appeals discussion of the plaintiffs' substantive due process claim, Thorp v. Town of Lebanon, 225 Wis. 2d 672, 697-99, 593 N.W.2d 878 (Ct. App. 1999), in lieu of the discussion in the majority opinion at ¶¶ 45-52.

¶ 60. I agree with the court of appeals, 225 Wis. 2d at 697-99, that the law is unsettled about whether a zoning challenge can state a claim for violation of substantive due process.…