Bettendorf v. St. Croix County, 10-1359
Constitutional challenge to a county ordinance Bettendorf v. St. Croix County, 10-1359
, concerned a challenge to the district court's grant of summary judgment in favor of the county in its decision to rescind the commercial zoning designation, 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.
In affirming, the court held that, 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. The court
also held that, 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. Lastly,
because plaintiff was afforded adequate process in the state court
system, district court's judgment will not be reversed on procedural due
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