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Onyx Properties v. Elbert Board of County Commissioners, 838 F.3d 1039 (10th Cir. Oct. 3, 2016)

Oct 3, 2016

In a suit by landowners against a board of county commissioners, the landowners alleged that their due process rights had been violated, as they had been required to rezone their property prior to the adoption of the regulation. The 10th Circuit held that a board of commissioners is not required to hold public hearings prior to adopting zoning regulations so there was no procedural due process violation, and the behavior of the board was not sufficient to shock the conscience, and thus there was no substantive due process violation.