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Focus (Forum & Focus)

Dec. 14, 2007

Getting Development Wrong

Forum Column - By John D. Echeverria - Suggestions that a recent 9th Circuit ruling will allow aggrieved property owners to challenge the government using due-process claims are overblown.

FORUM COLUMN

By John D. Echeverria

      In a recent piece ("Protecting Private Property," Dec. 3), Ronald Zumbrun depicted the 9th U.S. Circuit Court of Appeals' Nov. 1 decision in Crown Point Development Inc. v. City of Sun Valley as paving the way for routine due-process challenges to local land-use regulations. Although the decision recognizes that the Due Process Clause provides a potential basis for recovery, Zumbrun ex...

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