holding that where the record reveals nothing more than conclusory allegations summary judgment is proper
How later courts described this case
- holding that where the record reveals nothing more than conclusory allegations summary judgment is proper
- noting that for purposes of Fourteenth Amendment, property interests are generally created by state law
- In order to prevail on a substantive due process claim, the plaintiff “must establish that its property interests were injured by governmental action that shocks the conscience.” (emphasis added)
- differentiating between the tests for violations of substantive and procedural due process guarantees
Written by the judges who cited it.
The opinion
HARTZ, Judge, specially concurring.
I concur in the judgment and join in all of Judge Alarid’s opinion for the panel except for the last two paragraphs of Section D.