Legal Opinion

Mike Jabary v. City of Allen

Court of Appeals for the Fifth Circuit

Decided April 19, 2017No. 15-40009 Consolidated With 15-40099, Consolidated With 15-40772Unpublished

1Opinion of the Court

PER CURIAM: *

City building inspector Bret McCullough shut down Mike Jabary’s hookah lounge. 1 He did so by leaving a notice on the door of the establishment that summarily revoked Jabary’s certifícate of occupancy and informed him that he was violating the city code by doing business without the certificate. At issue in this case is whether the building inspector’s action, taken on behalf of the City of Allen, violated the United States Constitution’s Due Process and Takings Clauses. The building inspector appeals two district court decisions denying summary judgment on Jabary’s procedural…

2Cases cited12 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Zinermon v. BurchSupreme Court of the United States · 1990
  4. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  5. Bell v. BursonSupreme Court of the United States · 1971

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