the Club was improperly denied a conditional use permit, but the
case at hand is the B-2 zoning conditional use neither a taking
a facial substantive due process challenge to ordinance; this is not a challenge to the permit section of the ordinance, and it is s challenge nor an as-applied challenge. 25
Anderson's American and substantive due
Law of process
Zoning distinguishes between
ordinance will be struck down, despite the presumption of validity for legislative acts, if it is found to be
ordinance or other police power land use must be reasonably related to serving
health, safety, or general restriction is unreasonable
welfare. If or irrational,
restriction the public a land use it may be
found to violate the substantive component of the
process clause. However, irrationality standard for evaluating a taking claim.
The Supreme Court has added confusion matter by repeatedly stating in recent cases
to the that a
taking is established "substantially advance
if an ordinance legitimate state
does not interests
owner Court first for the economically viable use of has never satisfactorily part of the test means. majority in Nollan v.
Commission, the taking
stricter review of government action "rational relationship" test applied to process and equal protection claims.
An important difference under the Constitution is that "just compensation" must be paid to the landowner
who has suffered violation does requirement. . .
A substantive due process