04-15-11
The primary issue on appeal is whether a plaintiff must
exhaust administrative and judicial remedies, and obtain a final
ruling on its land use claims, before it can pursue a cause of
action for alleged violation of its substantive due process
rights. We hold that a substantive due process claim in a land
use dispute requires both governmental misconduct that "shocks
the conscience" and exhaustion of remedies available under our
land use law.
