No. 20-1785

Ronald W. Ogle, et al. v. Sevier County Regional Planning Commission, et al.

Lower Court: Sixth Circuit
Docketed: 2021-06-23
Status: Denied
Type: Paid
Response Waived
Tags: arbitrary-and-capricious board-of-regents-v-roth due-process entitlement-test fourteenth-amendment land-development property-interest regional-planning substantive-due-process
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether initial approval in a land development scheme creates a legitimate
claim of entitlement for the purpose of establishing a property interest that is
protected under the Fourteenth Amendment via the entitlement test set out in Board
of Regents of State Colleges et al v. Roth, 408 U.S. 564, 577 (1972), and adopted by the
lower courts.

Whether, where relevant state law and local regulations and unambiguous
previous actions of a Regional Planning Commission support a legitimate claim of
entitlement or justifiable expectation of approval in a land development scheme, the
Court should find a property interest that is protected under the Fourteenth
Amendment.

Whether a Regional Planning Commission, acting in an administrative
capacity, is acting arbitrarily and capriciously when it exercises discretion beyond the
scope of existing standards and guidelines.

Whether this Court should provide a definitive standard of review for citizens
that have a substantive due process right not to be subjected to arbitrary and
capricious or irrational land use decisions.

Question Presented (AI Summary)

Whether initial approval in a land development scheme creates a legitimate claim of entitlement for the purpose of establishing a property interest that is protected under the Fourteenth Amendment

Docket Entries

2021-10-04
Petition DENIED.
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-15
Waiver of right of respondent Sevier County Regional Planning Commission, et al. to respond filed.
2021-06-21
Petition for a writ of certiorari filed. (Response due July 23, 2021)

Attorneys

Ronald W. Ogle, et al.
Gregory BrownLowe Yeager & Brown PLLC, Petitioner
Sevier County Regional Planning Commission, et al.
Rhonda Leonard BradshawSpicer Rudstrom PLLC, Respondent