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19 / 52

No.

2006AP450

use regulation, as we see in this

rates.

Id.,

§

2.39,

at

2-46;

but

case, see 1

do not have high Yokley, supra, §

success 3A-1(c)

(stating that litigation are process clause,

"[s]ubstantive

due

process

claims

in

occurring with more frequency").

Under

courts

generally

require

that

"land

use

land

use

the due controls

must advance legitimate governmental interests that public health, safety, morals, and general welfare." supra, § 2.39, at 2-46 through 2-47.

serve the Mandelker,

¶28

"The

Due

Process

Clause

of

the

Fourteenth

Amendment

prohibits a state from depriving or property without due process

'any person of of law.'"14

life, liberty, Penterman v.

Wisconsin Elec. Power Co., 211 Wis. 2d 458, 480, 565 N.W.2d 521 (1997) (citation omitted); see also Laughter v. Board of County Comm'rs for Sweetwater County, 110 P.3d 875, 887-88 (Wyo. 2005).

"The

substantive

component

of

the

Due

Process

Clause

protects

individuals from 'certain arbitrary, wrongful 'regardless of the fairness of the procedures used to

them.''"

Penterman,

211

Wis. 2d at

480

(citations

actions implement omitted).

"Substantive

due

process

forbids

a

government

from

exercising

'power without any reasonable justification legitimate governmental objective.'" Thorp 2000 WI 60, ¶45, 235 Wis. 2d 610, 612 omitted).

in the service of a v. Town of Lebanon,

N.W.2d

59

(citation

14

The

Fourteenth

Amendment

to

the

United

States

Constitution

provides

that

person

of

...

.

"

life,

liberty,

or

"nor shall any property, without

State deprive due process of

any law

17

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