DeBLASIO v. ZONING BD. OF ADJUSTMENT

No. 93-5301.

53 F.3d 592 (1995)

Alfred DeBLASIO, Appellant, v. ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF WEST AMWELL; Harry K. Rush; Raymond G. Lindblad; Charles A. Britton; Gary W. Bleacher; David L. Dondero; Stewart Palilonis; Robert Fulper, Jr.; Werner J. Hoff; Eugene J. Venettone; Barbara Gill; Joseph Helewa; James Lavan; Mrs. James Lavan, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 1, 1995.


Attorney(s) appearing for the Case

Nicholas R. Perrella (argued), Smith & Laquercia, Trenton, NJ, for appellant.

Mark L. First (argued), Fox, Rothschild, O'Brien & Frankel, Lawrenceville, NJ, for appellees Zoning Bd. of Adjustment for Tp. of West Amwell, Harry K. Rush, Raymond G. Lindblad, Charles A. Britton, Gary W. Bleacher, David L. Dondero, Stewart Palilonis, Robert Fulper, Jr., Werner J. Hoff, Eugene J. Venettone, Barbara Gill and Joseph Helewa.

Ivan C. Bash (argued), Brotman & Graziano, Trenton, NJ, for appellees James Lavan and Mrs. James Lavan.

BEFORE: MANSMANN and LEWIS, Circuit Judges, and McKELVIE, District Judge.


OPINION OF THE COURT

LEWIS, Circuit Judge.

This case raises important questions regarding the extent to which the due process clause of the Fourteenth Amendment may serve to protect landowners against arbitrary governmental regulation of land use. We conclude that in the context of land use regulation, a property owner states a substantive due process claim where he or she alleges that the decision limiting the intended land use was arbitrarily or irrationally...

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