Hercules Chemical Co. v. VCI, Inc.

OPINION OF THE COURT

Kristin Booth Glen, J.

Beginning in the late 1960’s, the United States Supreme Court “significantly widened” the circle of interests “sufficient to create ‘liberty’ or ‘property’ for purposes of due process”1 (Tribe, American Constitutional Law, § 10-9, p 514). As that circle of interests expanded to include the temporary deprivation of property, or property in which individuals lacked full title (id., p 521), State provisional remedy statutes were subjected to rigorous constitutional scrutiny and were often found wanting.2 One provisional *815remedy — lis pendens, or notice of…