Mays-Ott Co., Inc. v. Town of Nags Head

MEMORANDUM OF DECISION

DUPREE, District Judge.

Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging that the Town of Nags Head’s arbitrary and capricious refusal to extend an expired site plan approval for a partially completed duplex project deprived plaintiff of a vested property right in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. As relief, plaintiff asks the court to enjoin defendant from any further interference with the completion of plaintiff’s development as authorized in the previously approved site plan. Defendant…