Legal Opinion
Pulte Home Corporation v. Montgomery County, Maryland
Court of Appeals for the Fourth Circuit
Decided November 29, 2018No. 17-2112PublishedCited by 62 opinions
1Opinion of the Court
JONES, District Judge:
In this case involving a land use dispute, Pulte Home Corporation and Shiloh Farm Investments LLC (collectively "Pulte") ask us to revive their dismissed federal and state constitutional claims and wade into the waters of local government decisions and zoning regulations. That we decline to do. This court has stated repeatedly in similar cases, and as recently as last year, that federal courts are not the appropriate forum to challenge local land use determinations.
We again conclude that the landowner has failed to state viable constitutional claims against local…
2Cases cited25 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Gordon Goines v. Valley Community Services BoardCourt of Appeals for the Fourth Circuit · 2016
- Engquist v. Oregon Department of AgricultureSupreme Court of the United States · 2008
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3Cited by62 opinions
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- 74 Pinehurst LLC v. State of New YorkCourt of Appeals for the Second Circuit · 2023
- Clayland Farm Enterprises, LLC v. Talbot County, MarylandCourt of Appeals for the Fourth Circuit · 2021
- Joseph Blackburn, Jr. v. Dare CountyCourt of Appeals for the Fourth Circuit · 2023
- Advance Corporation v. Baltimore County, MarylandDistrict Court, D. Maryland · 2022
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