United States Eighth Circuit

In an action alleging that plaintiff's constitutional substantive due process, equal protection, and just compensation rights were violated by city's denial of her application for a conditional use permit, summary judgment for defendant is affirmed where: 1) the district court did not err in finding it did not have subject matter jurisdiction over plaintiff's takings claim since she failed to exhaust available state remedies; 2) the district court did not err in concluding that plaintiff did not have a legitimate claim of entitlement to a conditional use permit; and 3) assuming plaintiff identified a protected property interest, the city's denial was not irrational and thus did not violate her rights.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel Sach Le, Minnetonka, MN, J. David Breemer, Sacramento, CA, for appellant.


• For Appellees:
  
• John J. Choi, City Attorney, Louise Toscano Seeba, Asst. City Attorney, St. Paul, MN, for appellee.