United States Seventh Circuit

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Bettendorf v. St. Croix County, 10-1359

In a landowner's suit against a county for a declaratory judgment seeking to void a conditional language in an ordinance that reverts a parcel of his land from commercial to agricultural-residential upon his death or by transfer to a new owner, district court's grant of summary judgment in favor of the county in its decision to rescind the commercial zoning designation is affirmed where: 1) because there was no government intrusion and no deprivation of all or substantially all practical use of plaintiff's property, there was no compensable taking; 2) because the county's decision to revoke the commercial designation came in response to a judgment and court order invalidating the ordinance which purported to give plaintiff the right to exploit his property for a commercial purpose, the action taken by the county was reasonable and not a violation of substantive due process; and 3) because plaintiff was afforded adequate process in the state court system, district court's judgment will not be reversed on procedural due process grounds.

Appellate Information

  • Argued 09/14/2010
  • Decided 01/20/2011
  • Published 01/20/2011

Judges

  • <a href="http://pview.findlaw.com/view/2324590_1">BAUER</a>

Court

  • United States Seventh Circuit

Counsel