Kentner, et al. v. City of Sanibel, No. 13-13893 (11th Cir. 2014)Annotate this Case
Plaintiffs, property owners in the City of Sanibel, filed suit against the city challenging a municipal ordinance that prohibits them from building a boat dock or accessory pier on their properties. On appeal, plaintiffs challenged the dismissal of their substantive due process claims. The court rejected plaintiffs' argument that Lingle v. Chevron U.S.A., Inc. created a new "substantial advancement" test for substantive due process claims based on state-created property rights. The district court correctly concluded that the riparian rights asserted by plaintiffs were state-created rights, not fundamental rights. Because plaintiffs challenged the ordinance on its face rather than contesting a specific zoning or permit decision made under the auspices of the ordinance, the court concluded that they were challenging a legislative act. Under the court's existing precedent, the court concluded that plaintiffs could not show that the ordinance lacked a rational basis and the court declined to adopt a new standard of review. Plaintiffs themselves plead at least two rational bases for the ordinance in their Amended Complaint: protection of seagrasses and aesthetic preservation. Accordingly, the court affirmed the judgment of the district court.