Section 37 Substantive Due Process

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Substantive due process claims involving local land use decisions require that the government action complained of be "truly irrational" and that it be something more than "arbitrary, capricious, or in violation of state law." Chesterfield Dev. Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8^th Cir. 1992) (quoting Lemke v. Cass Cnty., Neb., 846 F.2d 469, 470–72 (8^th Cir. 1987) (Arnold, J., concurring)). This "truly irrational" standard, therefore, requires that the alleged action be so egregious or extraordinary as to shock the conscience. See...