Pietsch v. Ward County, No. 20-1728 (8th Cir. 2021)
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The Eighth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 claim, alleging that the County's right-of-way dedication ordinance violates their procedural due process rights. The court concluded that plaintiffs' due process and unconstitutional conditions claims are an impermissible attempt to recast a Takings claim. In this case, plaintiffs claim that the County's dedication rules could result in an exaction, which would require consideration of nexus and proportionality. However, the court concluded that this conflates takings and due process law. The court explained that plaintiffs claim a redundant remedy under the due process clause.
The court concluded that the ordinance here promotes the government's interest in providing public roads and was not truly irrational. Furthermore, because plaintiffs received individualized notice and an opportunity to be heard on their variance applications, the County provided sufficient notice and opportunity for a hearing about their proposed uses.
Court Description: [Benton, Author, with Loken and Kelly, Circuit Judges] Civil case - Civil rights. Plaintiffs claimed the County's right-of-way dedication ordinance violated their procedural due process rights under the Fifth and Fourteenths Amendments, and the district court granted the County defendants summary judgment. Held: plaintiffs have a remedy for unconstitutional exactions under the Takings Clause and cannot claim a redundant remedy under the due process clauses; the ordinance did not violate the Due Process Clause because it promotes the government's interest in providing public roads and is not irrational; plaintiffs received procedural due process because they were given notice of the proposed government action and an opportunity to be heard.
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