Bennett v. Walton County

Karen and Reppard Bennett appeal the trial court’s ruling in favor of Walton County on their substantive due process claim, finding the land development code’s prohibition on “nonresidential uses” was facially invalid, a ruling that should be affirmed. The trial court, however, held the Bennetts’ as-applied substantive due process claim did not extend to the County’s executive actions, entering judgment for the County without addressing the merits of the claim. I agree that the Bennetts’ have stated a viable as-applied substantive due process claim under state law, but rather than adjudicate…