DeBlasio v. Zoning Board of Adjustment

(sitting by designation), dissenting.

I agree with the majority that this court should affirm the district court’s grant of summary judgment in favor of the defendants with respect to DeBlasio’s 42 U.S.C. § 1983 procedural due process claim, unlawful taking claim, § 1985(3) claim, commerce clause claim, and state tort claims against the Lavans. I further agree that we should reverse the grant of summary judgment in favor of the ZBA defendants with respect to the New Jersey tort claims. However, because I believe this court should affirm the grant of summary judgment as to DeBlasio’s…