Section 7.25 Substantive Due Process

• Library: Local Government Deskbook (2017 Ed.)

A. (§7.25) Substantive Due Process

Substantive due process requires that state and local regulations be rationally related to a legitimate end of government. To make a successful substantive due process claim, the plaintiff must first demonstrate that it has been deprived of a legitimate property interest, as determined by state law. Bituminous Materials, Inc. v. Rice Cnty., Minn., 126 F.3d 1068 (8^th Cir. 1997). An applicant’s interest in a permit may or may not represent a constitutionally protected...