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Bettendorf v. St. Croix County, 10-1359

By FindLaw Staff on January 20, 2011 4:03 PM

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 process grounds.

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