David Shoemaker v. City of Howell

DISSENT

Fundamentally, due process is about fairness with respect to how the government exercises its authority when a person’s property rights are at issue. The Due Process Clause requires, among other things, that the government afford individuals with notice and an opportunity to be heard prior to the deprivation of a protected property interest; due process also requires that government refrain from engaging in arbitrary and capricious exercise of authority that impacts an individual’s rights. The City of Howell in this instance failed to comply with either of these constitutional…