Bettendorf v. St. Croix County

I agree with my colleagues that plaintiff Bettendorf has no viable due process claim here, and I join those portions of Judge Bauer’s opinion. I respectfully dissent, however, from my colleagues’ decision to affirm the dismissal of plaintiffs takings claim under state law.

The majority’s decision gives our court’s approval, on bare pleadings, to a rare and extraordinary burden on property rights. The majority is saying that a local government can first designate a lawful use of property, allowing a property owner to make substantial investments in the property and to use it that way for more…