Vill. of Willowbrook v. Olech, 528 U.S. 562 (2000). · Go Syfert
Vill. of Willowbrook v. Olech, 528 U.S. 562 (2000). Cases Citing This Book View Copy Cite
Quick Summary

An individual may assert an equal protection claim if they are intentionally treated differently from others similarly situated without a rational basis for the difference in treatment.

A property owner sued a municipality after the village demanded a thirty-three-foot easement for a water connection while requiring only a fifteen-foot easement from similarly situated neighbors. The plaintiff alleged the village's demand was irrational, arbitrary, and motivated by ill will. The court considered whether the Equal Protection Clause allows a cause of action for a single individual who has been intentionally treated differently from others similarly situated without a rational basis for the difference in treatment. The Court held that such allegations are sufficient to state a claim for relief under traditional equal protection analysis.

9,798 citation events (9,696 in the last 25 years) across 181 distinct courts.
Strongest positive: Randal Freeman v. Sumter School District (scd, 2025-11-17) · Strongest negative: (PS) Stevens v. County of Neveda (caed, 2023-10-24)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" (PS) Stevens v. County of Neveda
E.D. Cal. · 2023 · signal: but see · confidence high
See Furnace v. Sullivan, 705 F.3d 1021 , 7 1030 (9th Cir. 2013); but see also Village of Willowbrook v. Olech, 528 U.S. 562, 564-65 (2000) 8 (per curiam) (a plaintiff seeking to proceed as a “class of one” must allege intentional, disparate 9 treatment). 10 At the outset, though, the complaint does not comply with Rule 8 of the Federal Rules of 11 Civil Procedure.
discussed Cited "but see" (PC) J'Weial v. CDCR
E.D. Cal. · 2022 · signal: but see · confidence high
See Furnace v. Sullivan, 705 F.3d 1021, 1030 (9th Cir. 2013); but see 24 also Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000) (holding that equal protection 25 claims may be brought by a “class of one”). 26 Here, plaintiff does not allege discrimination based on membership in a protected class. 27 Inmates are not a protected class for purposes of equal protection as they are not similarly situated 28 to prison staff or visitors.
examined Cited "but see" Abdelfattah v. United States Department of Homeland Security (3×)
D.C. Cir. · 2015 · signal: but see · confidence high
Dist., 492 F.2d 1 , 4 n. 8 (7th Cir.1974)); but see Willowbrook v. Olech, 528 U.S. 562, 564 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (noting the Court’s recognition of “successful equal protection claims brought by a ‘class of one,’ where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment”).
discussed Cited as authority (verbatim quote) Randal Freeman v. Sumter School District
D.S.C. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
lntentional disparate treatment of a class-of-one, without rational basis, violates the equal protection clause.
examined Cited as authority (verbatim quote) Thomas B. Deloach v. New York City, acting through the Department of Finance aka (DOF)
S.D.N.Y. · 2025 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that he has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Dr. Michael Fernandez, D.D.S., Ltd. v. Stephen Brich
4th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
discussed Cited as authority (verbatim quote) BILLY BOY REAL ESTATE LLC v. UPPER MERION TOWNSHIP
E.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence high
perez, a hispanic male, is a member of a protected class, so we need not examine his claims under the 'class of one' rubric.
discussed Cited as authority (verbatim quote) Nash v. Bacich
E.D. Wis. · 2025 · quote attribution · 1 verbatim quote · confidence high
class-of-one claimants carry a heavy burden.
examined Cited as authority (verbatim quote) Young v. Nicholson
W.D. Va. · 2024 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
discussed Cited as authority (verbatim quote) Solly v. Hoying
S.D. Ohio · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one.
discussed Cited as authority (verbatim quote) Mark Landeros v. Santa Ana Police Jail
C.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
the 7 class-of-one doctrine does not apply to forms of state action that by their nature involve 8 discretionary decision-making based on a vast array of subjective, individualized 9 assessments.
examined Cited as authority (verbatim quote) White v. Hlavaty
E.D. Mich. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Kleinman v. City of Cedar Park
W.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims ... where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Enriquez v. Scottsdale, City of
D. Ariz. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful 28 equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has 1 been intentionally treated differently from others similarly situated and that there is no 2 rational basis for the difference in treatment.
discussed Cited as authority (verbatim quote) David Campeau, Jr. v. Edward Sandercock
3rd Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
disparate treatment of different groups of aliens triggers only rational basis review under equal protection doctrine
examined Cited as authority (verbatim quote) Yellen v. State of Hawaii
D. Haw. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
discussed Cited as authority (verbatim quote) Swatzell v. Tennessee Board of Parole
M.D. Tenn. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
prisoners are not considered a suspect class for purposes of equal protection litigation," and therefore are not entitled to strict scrutiny.
examined Cited as authority (verbatim quote) DeGroot, Derek v. Carr, Kevin (2×) also: Cited as authority (rule)
W.D. Wis. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Abram v. Kleine
D. Neb. · 2021 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that he has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Joseph McCoy v. Town of Pittsfield (2×) also: Cited as authority (rule)
D.N.H. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of the equal protection clause of the fourteenth amendment is to secure every person within the state's jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by its improper execution through duly constitute…
examined Cited as authority (verbatim quote) McCoy v. Pittsfield, NH, Town of (2×) also: Cited as authority (rule)
D.N.H. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of the equal protection clause of the fourteenth amendment is to secure every person within the state's jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by its improper execution through duly constitute…
examined Cited as authority (verbatim quote) Dalton v. Town of Silver City
10th Cir. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims . . . where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) (PC) Medina Vasquez v. Sheriff
E.D. Cal. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
equal protection rights are violated when (1) a 8 person is a member of an identifiable class; (2) that person is intentionally treated differently from 9 others similarly situated; and (3) there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Jacobs v. MA State Police
D. Mass. · 2021 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment
discussed Cited as authority (verbatim quote) Kouider v. Parma City School District
N.D. Ohio · 2020 · quote attribution · 1 verbatim quote · confidence high
summary judgment was particularly inappropriate because of the alleged racial tones to the officers' conduct.
examined Cited as authority (verbatim quote) Furman v. Rich
E.D.N.Y · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently than others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Peck v. State of Nevada, ex rel
D. Nev. · 2020 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized 21 successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she 22 has been intentionally treated differently from others similarly situated and that there is no 23 rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Al Khafati v. Covello (2×) also: Cited "see, e.g."
S.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
equal protection rights are violated when (1) a person is a 9 member of an identifiable class; (2) that person is intentionally treated differently from 10 others similarly situated; and (3) there is no rational basis for the difference in 11 treatment.
examined Cited as authority (verbatim quote) Mack v. Williams
D. Nev. · 2019 · quote attribution · 1 verbatim quote · confidence high
our cases 15 have recognized successful equal protection claims brought by a 'class of one,' where the 16 plaintiff alleges that she has been intentionally treated differently from others similarly situated 17 and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Hadnott v. Berrios
N.D. Ill. · 2018 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (verbatim quote) Telian v. Town of Delhi
2d Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
successful equal protection claims brought by a 'class of one'" must allege that the plaintiff has "been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment
examined Cited as authority (verbatim quote) Quezada v. Marshall (2×) also: Cited "see"
D.D.C. · 2013 · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
discussed Cited as authority (verbatim quote) McDonald, Charles M. v. Village of Winnetka (2×) also: Cited "see"
7th Cir. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of the equal protection clause of the fourteenth amendment is to secure every person within the state's jurisdiction against inten- tional and arbitrary discrimination
examined Cited as authority (quoted) DOTAN v. CITY OF ALTOONA (2×) also: Cited as authority (rule)
W.D. Pa. · 2025 · quote attribution · 1 verbatim quote · confidence low
in asserting a violation of equal protection, a plaintiff cannot rely upon "conclusory, boilerplate language" or "bald assertions that others . . . were treated in a dissimilar manner" to survive dismissal.
examined Cited as authority (quoted) Duke's Investments LLC v. Char
D. Haw. · 2023 · quote attribution · 1 verbatim quote · confidence low
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Jenkins v. Johnson
S.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence low
class of one" claim under the equal protection clause "where the plaintiff alleges 17 that he has been intentionally treated differently from others similarly situated and that 18 there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Telian v. Town of Delhi (3×)
2d Cir. · 2018 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
successful equal protection claims brought by a 'class of one'" must allege that the plaintiff has "been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment
examined Cited as authority (quoted) Stephanie Miller v. City of Monona (3×) also: Cited "see"
7th Cir. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Southersby Development Corp. v. Borough of Jefferson Hills (3×) also: Cited "see"
W.D. Pa. · 2012 · quote attribution · 1 verbatim quote · confidence low
a 'class-of-one' claim is predicated on the notion that a plaintiff was treated differently by the government, not based on membership in a protected class, but simply arbitrarily
examined Cited as authority (quoted) Harry Gilarno v. Borough of Freedom (3×) also: Cited "see"
3rd Cir. · 2012 · signal: see · quote attribution · 2 verbatim quotes · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Gupta v. Securities & Exchange Commission (3×) also: Cited "see, e.g."
S.D.N.Y. · 2011 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
suc-cessful equal protection claims may be brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment
examined Cited as authority (quoted) FURLONG ENTERPRISES, LLC v. Nickerson (2×)
D. Colo. · 2011 · quote attribution · 2 verbatim quotes · confidence low
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Shepherd Montessori Center Milan v. Ann Arbor Charter Township
Mich. · 2010 · quote attribution · 1 verbatim quote · confidence low
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Lindquist v. City of Pasadena, Tex. (2×)
5th Cir. · 2008 · quote attribution · 2 verbatim quotes · confidence low
our cases have recognized successful equal protection claims ... where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Chance v. Reed (3×) also: Cited "see"
D. Conn. · 2008 · signal: see · quote attribution · 2 verbatim quotes · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Mercatus Group LLC v. Lake Forest Hospital (3×) also: Cited "see"
N.D. Ill. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases have recognized successful equal protection claims brought by a 'class of one, where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Bruner v. Baker (2×)
10th Cir. · 2007 · quote attribution · 2 verbatim quotes · confidence low
our cases have recognized successful equal protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Thomas v. Independence Township (2×)
3rd Cir. · 2006 · quote attribution · 2 verbatim quotes · confidence low
a successful equal protection claim may be brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Thomas v. Independence Township (2×)
3rd Cir. · 2006 · quote attribution · 2 verbatim quotes · confidence low
a successful equal protection claim may be brought by a class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
examined Cited as authority (quoted) Mikeska v. City of Galveston (3×)
5th Cir. · 2006 · quote attribution · 3 verbatim quotes · confidence low
our cases have recognized successful equal protection claims ... where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
Retrieving the full opinion text from the archive…
VILLAGE OF WILLOWBROOK Et Al.
v.
OLECH
98-1288.
Supreme Court of the United States.
Feb 23, 2000.
528 U.S. 562
2000 U.S. LEXIS 1540
2000 Cal. Daily Op. Serv. 1359
James L. DeAno argued the cause and filed briefs for petitioners., Irving L. Gornstein argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Underwood, and Mark B. Stem., John R. Wimmer argued the cause and filed a brief for respondent.*
Breyer.
Cited by 3,797 opinions  |  Published
15 passages pin-cited by 24 cases
Pinpoint authority: #2,514 of 633,719
Citer courts: Fifth Circuit (14) · Seventh Circuit (7) · Third Circuit (6) · Tenth Circuit (4) · Second Circuit (3) · D. Colorado (2) · D. Connecticut (2)

Lead Opinion

Per Curiam.

Respondent Grace Oleeh and her late husband Thaddeus asked petitioner Village of Willowbrook (Village) to connect their property to the municipal water supply. The Village at first conditioned the connection on the Olechs granting the Village a 33-foot easement. The Olechs objected, claiming that the Village only required a 15-foot easement from other property owners seeking access to the water supply. After a 3-month delay, the Village relented and agreed to provide water service with only a 15-foot easement.

Oleeh sued the Village, claiming that the Village’s demand of an additional 18-foot easement violated the Equal Protection Clause of the Fourteenth Amendment. Oleeh asserted that the 33-foot easement demand was “irrational and wholly arbitrary”; that the Village’s demand was actually motivated by ill will resulting from the Olechs’ previous filing of an unrelated, successful lawsuit against the Village; and that the Village acted either with the intent to deprive Oleeh of her rights or in reckless disregard of her rights. App. 10, 12.

The District Court dismissed the lawsuit pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a cognizable claim under the Equal Protection Clause. Relying on Circuit precedent, the Court of Appeals for the Sev[*564] enth Circuit reversed, holding that a plaintiff can allege an equal protection violation by asserting that state action was motivated solely by a “ ‘spiteful effort to “get” him for reasons wholly unrelated to any legitimate state objective.’” 160 F. 3d 386, 387 (1998) (quoting Esmail v. Macrane, 53 F. 3d 176, 180 (CA7 1995)). It determined that Olech’s complaint sufficiently alleged such a claim. 160 F. 3d, at 388. We granted certiorari to determine whether the Equal Protection Clause gives rise to a cause of action on behalf of a “class of one” where the plaintiff did not allege membership in a class or group.* 527 U. S. 1067 (1999).

Our cases have recognized successful equal protection claims brought by a “class of one,” where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment. See Sioux City Bridge Co. v. Dakota County, 260 U. S. 441 (1923); Allegheny Pittsburgh Coal Co. v. Commission of Webster Cty., 488 U. S. 336 (1989). In so doing, we have explained that “‘[t]he purpose of the equal protection clause of the Fourteenth Amendment is to secure every person within the State’s jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by its improper execution through duly constituted agents.’ ” Sioux City Bridge Co., supra, at 445 (quoting Sunday Lake Iron Co. v. Township of Wakefield, 247 U. S. 350, 352 (1918)).

[*565] That reasoning is applicable to this ease. Oleeh’s complaint can fairly be construed as alleging that the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners. See Conley v. Gibson, 355 U. S. 41, 45-46 (1957). The complaint also alleged that the Village’s demand was “irrational and wholly arbitrary” and that the Village ultimately connected her property after receiving a clearly adequate 15-foot easement. These allegations, quite apart from the Village’s subjective motivation, are sufficient to state a claim for relief under traditional equal protection analysis. We therefore affirm the judgment of the Court of Appeals, but do not reach the alternative theory of “subjective ill will” relied on by that court.

It is so ordered.

We note that the complaint in this case could be read to allege a class of five. In addition to Grace and Thaddeus Olech, their neighbors Rodney and Phyllis Zimmer and Howard Brinkman requested to be connected to the municipal water supply, and the Village initially demanded the 33-foot easement from all of them. The Zimmers and Mr. Brinkman were also involved in the previous, successful lawsuit against the Village, which allegedly created the ill will motivating the excessive easement demand. Whether the complaint alleges a class of one or of five is of no consequence because we conclude that the number of individuals in a class is immaterial for equal protection analysis.

Concurrence

Justice Breyer,

concurring in the result.

The Solicitor General and the village of Willowbrook have expressed concern lest we interpret the Equal Protection Clause in this case in a way that would transform many ordinary violations of city or state law into violations of the Constitution. It might be thought that a rule that looks only to an intentional difference in treatment and a lack of a rational basis for that different treatment would work such a transformation. Zoning decisions, for example, will often, perhaps almost always, treat one landowner differently from another, and one might claim that, when a city’s zoning authority takes an action that fails to conform to a city zoning regulation, it lacks a “rational basis” for its action (at least if the regulation in question is reasonably clear).

This case, however, does not directly raise the question whether the simple and common instance of a faulty zoning decision would violate the Equal Protection Clause. That is because the Court of Appeals found that in this case respond[*566] ent had alleged an extra factor as well — a factor that the Court of Appeals called “vindictive action,” “illegitimate animus,” or “ill will.” 160 F. 3d 386, 388 (CA7 1998). And, in that respect, the court said this case resembled Esmail v. Macrane, 53 F. 3d 176 (CA7 1995), because the Esmail plaintiff had alleged that the municipality’s differential treatment “was the result not of prosecutorial discretion honestly (even if ineptly — even if arbitrarily) exercised but of an illegitimate desire to ‘get’ him.” 160 F. 3d, at 388.

In my view, the presence of that added factor in this case is sufficient to minimize any concern about transforming run-of-the-mill zoning cases into cases of constitutional right. For this reason, along with the others mentioned by the Court, I concur in the result.