green
Positive treatment
Quoted verbatim 1×
3.4 score
“he question of ripeness goes to our subject matter jurisdiction to hear the case.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "but see"
Kelley Property Development, Inc. v. Town of Lebanon
The “clear entitlement” test mandates the possession of a constitutionally protected property interest as a threshold requirement for a successful substantive or procedural federal due process claim. 14 See RRI Realty Corporation v. Incorporated Village of Southampton, supra, 915-17; but see Bello v. Walker, 840 F.2d 1124 (3d Cir.), cert. denied, 488 U.S. 851 , 109 S. Ct. 134 , 102 L.
discussed
Cited as authority (quoted)
Edwards v. ELLSWORTH, MAY, SUDWEEKS, STUBBS, IBSEN
he question of ripeness goes to our subject matter jurisdiction to hear the case.
discussed
Cited "see"
Pellegrino Food Products Co. v. City of Warren
See Bello v. Walker, 840 F.2d 1124, 1128 (3d Cir.1988), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988) and 488 U.S. 868 , 109 S.Ct. 176 , 102 L.Ed.2d 145 (1988); Midnight Sessions, Ltd. v. City of Philadelphia, 945 F.2d 667, 680 (3d Cir.1991), cert. denied, 503 U.S. 984 , 112 S.Ct. 1668 , 118 L.Ed.2d 389 (1992).
cited
Cited "see"
Elsmere Park Club Ltd. Partnership v. Town of Elsmere
See Bello v. Walker, 840 F.2d 1124 (3d Cir.), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988).
discussed
Cited "see"
Greenbriar, Ltd. v. City Of Alabaster
See Shelter Creek Development Corporation v. City of Oxnard, 838 F.2d 375, 377 (9th Cir.), cert. denied, 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988); Duke City Lumber Co. v. Butz, 539 F.2d 220 , 221 n. 2 (D.C.Cir.1976) (per curiam), cert. denied, 429 U.S. 1039 , 97 S.Ct. 737 , 50 L.Ed.2d 751 (1977). 8 In resolving jurisdictional questions arising out of Sec. 1983 takings and substantive due process claims, courts have taken care to distinguish procedures which permit property owners to seek variances from administrative decisions, which go to finality, from two other types of procedures: a) procedu…
discussed
Cited "see"
Greenbriar, Ltd. v. City of Alabaster
See Shelter Creek Development Corporation v. City of Oxnard, 838 F.2d 375, 377 (9th Cir.), cert. denied, 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988); Duke City Lumber Co. v. Butz, 539 F.2d 220 , 221 n. 2 (D.C.Cir.1976) (per curiam), cert. denied, 429 U.S. 1039 , 97 S.Ct. 737 , 50 L.Ed.2d 751 (1977). .
discussed
Cited "see, e.g."
National Rifle Association Of America v. Magaw
See also Production Credit Ass'n of Northern Ohio v. Farm Credit Admin., 846 F.2d 373, 375 (6th Cir.1988) (when examining whether a challenge to the validity of a regulation is ripe for pre-enforcement review, the court must determine whether the impact of the regulation imposes a substantial burden of compliance and will be applied to plaintiffs in the future), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988).
discussed
Cited "see, e.g."
National Rifle Ass'n of America v. Magaw
See also Production Credit Ass’n of Northern Ohio v. Farm Credit Admin., 846 F.2d 373, 375 (6th Cir.1988) (when examining whether a challenge to the validity of a regulation is ripe for pre-enforcement review, the court must determine whether the impact of the regulation imposes a substantial burden of compliance and will be applied to plaintiffs in the future), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988).
discussed
Cited "see, e.g."
American Institute of Design v. Riley
See Dumas, 90 F.3d at 392 ; Calise Beauty Sch., Inc. v. Riley, 941 F.Supp. 425, 430 (S.D.N.Y.1996) (administrative appeals combined with possibility of declaratory relief under the APA meets due process); see also Bello v. Walker, 840 F.2d 1124, 1128 (3d Cir.) (where state judicial review of state administrative action is provided, due process is generally satisfied), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988); Doolin Security Savings Bank v. F.D.I.C., 53 F.3d 1395, 1404 (4th Cir.) (opportunity for review of agency decision under the APA supports conclusion that due pr…
discussed
Cited "see, e.g."
Black v. Barnes
See also Bello v. Walker, 840 F.2d 1124, 1127, 1129 (3d Cir.), cert. denied, 488 U.S. 851 , 109 S.Ct. 134 , 102 L.Ed.2d 107 (1988) (plaintiffs evidence showed due process violation where council members opposed to multi-unit housing and other council members with animosity toward plaintiffs employee interfered with building plan approval process by pressuring code officer to deny permits, injecting partisan political/personal factors unrelated to merits of application and legislative objective sought to be accomplished); Pace Resources, Inc. v. Shrewsbury Township, 808 F.2d 1023, 1035-37 (3d C…
cited
Cited "see, e.g."
18 Unnamed \John Smith\" Prisoners v. Meese"
See, e.g., Shelter Creek Development Corp. v. City of Oxnard, 838 F.2d 375, 375, 377, 380 (9th Cir.), cert. denied, — U.S. -, 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988).
discussed
Cited "see, e.g."
18 Unnamed \John Smith\" Prisoners v. Edwin Meese Gerald Shur Norman Carlson Peter Carlson Frank Sizer U.S. Attorney for the District of Arizona
See, e.g., Shelter Creek Development Corp. v. City of Oxnard, 838 F.2d 375, 375, 377, 380 (9th Cir.), cert. denied, --- U.S. ----, 109 S.Ct. 134 , 102 L.Ed.2d 106 (1988). 12 VACATED and REMANDED. * The Honorable Ruggero J.
discussed
Cited "see, e.g."
Brady v. Town of Colchester
See Sullivan v. Town of Salem, 805 F.2d 81, 85 (2d Cir.1986) (if property complied with applicable state and municipal requirements, then "there was no element of discretion or judgment remaining for the building Official to exercise" in determining whether to grant benefit requested); see also Bello v. Walker, 840 F.2d 1124, 1129-30 (3d Cir.) (court reversed a grant of summary judgment rendered in favor of a municipal zoning board, where the plaintiff presented sufficient evidence to demonstrate that the municipal council's denial of a building permit was motivated by purely personal and poli…
discussed
Cited "see, e.g."
Brady v. Town of Colchester
See Sullivan v. Town of Salem, 805 F.2d 81, 85 (2d Cir.1986) (if property complied with applicable state and municipal requirements, then “there was no element of discretion or judgment remaining for the building Official to exercise” in determining whether to grant benefit requested); see also Bello v. Walker, 840 F.2d 1124, 1129-30 (3d Cir.) (court reversed a grant of summary judgment rendered in favor of a municipal zoning board, where the plaintiff presented sufficient evidence to demonstrate that the municipal council’s denial of a building permit was motivated by purely personal an…
Retrieving the full opinion text from the archive…
Illinois
v.
Struebin, Ancillary Administrator of the Estate of Struebin
v.
Struebin, Ancillary Administrator of the Estate of Struebin
No. 88-88.
Supreme Court of the United States.
Oct 3, 1988.
Sup. Ct. Iowa. Certiorari denied.