DeKALB STONE, INC. v. COUNTY OF DeKALB, GA.

No. 95-9578.

106 F.3d 956 (1997)

DeKALB STONE, INC., d.b.a. Houseworth Rock Quarry, Plaintiff-Appellant, v. COUNTY OF DeKALB, GEORGIA, a political subdivision of the State of Georgia; Liane Levetan; Elaine Boyer; Gale Walldorff; Jackqueline B. Scott, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 27, 1997.


Attorney(s) appearing for the Case

George Douglas Dillard, George P. Dillard, Carl E. Westmoreland, Jr., George Edwin Butler, II, Atlanta, GA, Nancy D. Lightsey, Charles C. Pinckney, Nancy C. Hughes, John E. Grenier, Lange Simpson, Robinson & Somerville, Birmingham, AL, for Plaintiff-Appellant.

Jonathan Weintraub, Glenn P. Stephens, DeKalb County Law Dept., Decatur, GA, Dana B. Miles, Michael C. McGoff, Miles & Reese, L.L.C., Atlanta, GA, for Defendants-Appellees.

Before BIRCH, BLACK and CARNES, Circuit Judges.


PER CURIAM:

Appellant DeKalb Stone, Inc. (DeKalb Stone) seeks to enjoin DeKalb County from enforcing zoning laws, asserting that enforcement constitutes an arbitrary and capricious violation of its substantive due process right. The district court denied Appellant's motion for preliminary injunction, finding that a county executive's arbitrary and capricious deprivation of a state-created property right does not violate substantive due process under the Fourteenth...

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