Southview Associates, Ltd. v. Bongartz

OAKES, Chief Judge:

This appeal requires us to decide whether the denial, pursuant tó Vermont’s land use statute, Act 250, 10 V.S.A. § 6001 et seq. (1984 & Supp.1991) (“Act 250”), of a permit in respect to a vacation home development in the Green Mountains, gives rise to valid claims for relief under the Fifth and Fourteenth Amendments. Appellants Southview Associates, Ltd. and Southview at Stratton Partners (“Southview”) sued the Appellees, the individual members of the Vermont Environmental Board (“the Board”), under 42 U.S.C. § 1983 (1988). Southview claimed that the Board’s denial of its…