Section 6.39 42 U.S.C. § 1983

• Library: Local Government Deskbook (2017 Ed.)

G. (§6.39) 42 U.S.C. § 1983

At one time, mandamus was the most drastic remedy available to counter unreasonable and arbitrary zoning action by local government officials. If mandamus was unavailable, an aggrieved party was left to pursue traditional remedies, which could take months or even years to achieve, sometimes at a substantial loss to the landowner’s development rights. A part of the growing potential for damage liability of municipal officials under 42 U.S.C. § 1983 includes actions arising out of allegedly arbitrary and discriminatory zoning decisions. Essentially, these cases allege deprivations of valuable property rights by the governing body, giving rise to § 1983 damages.

Two federal cases from Missouri have addressed the preliminary issue of whether these allegations state a claim on which relief may be granted. In Littlefield v. City of Afton, 785 F.2d 596 (8^th Cir. 1986), the court of appeals reinstated a 42 U.S.C. § 1983 claim based on the City’s denial of a building permit when the City insisted that the property owner agree to dedicate a...