Legal Opinion
Hillcrest Property, LLP v. Pasco County
Court of Appeals for the Eleventh Circuit
Decided February 13, 2019No. 17-14789PublishedCited by 31 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful application of a land-use ordinance. The answer to that question is a resounding "no"-an answer that this Court delivered in McKinney v. Pate , 20 F.3d 1550 (11th Cir. 1994) (en banc), 24 years ago and has reaffirmed ever since. We held in McKinney that executive action never gives rise to a substantive-due-process claim unless it infringes on a fundamental right. A land-use…
2Cases cited58 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Albright v. OliverSupreme Court of the United States · 1994
- Parratt v. TaylorSupreme Court of the United States · 1981
53 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- James P. Crocker v. Deputy Sheriff Steven Eric BeattyCourt of Appeals for the Eleventh Circuit · 2021
- Mr. Eddie I. Sierra v. City of Hallandale Beach FloridaCourt of Appeals for the Eleventh Circuit · 2021
- PBT Real Estate, LLC v. Town of Palm BeachCourt of Appeals for the Eleventh Circuit · 2021
- January Littlejohn v. School Board of Leon County FloridaCourt of Appeals for the Eleventh Circuit · 2025
- David Sosa v. Martin County, FloridaCourt of Appeals for the Eleventh Circuit · 2023
26 more not listed; retrieve them via the Exa API.