Bituminous Materials, Inc. v. Rice Cnty., Minnesota, 126 F.3d 1068 (8th Cir. 1997). · Go Syfert
Bituminous Materials, Inc. v. Rice Cnty., Minnesota, 126 F.3d 1068 (8th Cir. 1997). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, last quoted 2003 · 2 courts · …a legitimate claim to entitlement' ... as opposed to a mere subjective expectancy.
138 citation events (120 in the last 25 years) across 23 distinct courts.
Strongest positive: Romantix-Fargo, Inc. v. City of Fargo (ndd, 2022-12-22)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Romantix-Fargo, Inc. v. City of Fargo
D.N.D. · 2022 · confidence medium
Ed. 2d 351 , 142 S. Ct. 563 (2021) (first quoting Anderson v. Douglas Cty., 4 F.3d 574, 578 (8th Cir. 1993); and then citing Bituminous Materials, Inc. v. Rice Cty., 126 F.3d 1068, 1070 (8th Cir. 1997)).
discussed Cited as authority (rule) Satanic Temple, The v. Belle Plaine, City of
D. Minnesota · 2021 · confidence medium
A protected property interest is “a legitimate claim to entitlement . . . as opposed to a mere subjective expectancy.” Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir. 1997) (internal quotation marks omitted).
discussed Cited as authority (rule) Goodwin v. Melissa
D. Neb. · 2021 · confidence medium
“A protected property interest is a matter of state law involving ‘a legitimate claim to entitlement as opposed to a mere subjective expectancy.’” Snaza v. City of Saint Paul, 548 F.3d 1178, 1182-83 (8th Cir.2008) (quoting Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068, 1070 (8th Cir.1997)) “Property interests are not created by the Constitution, ‘they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law....’” Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 (1985) (quoting Bd. of…
discussed Cited as authority (rule) Amoroso v. Gooch
E.D. Mo. · 2021 · confidence medium
“A protected property interest is a matter of state law involving ‘a legitimate claim to entitlement as opposed to a mere subjective expectancy.’ ” Snaza v. City of Saint Paul, 548 F.3d 1178, 1182-83 (8th Cir.2008) (quoting Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068, 1070 (8th Cir.1997)) “Property interests are not created by the Constitution, ‘they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law....’ ” Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 (1985) (quoting Bd. …
discussed Cited as authority (rule) Goodwin v. Melissa
D. Neb. · 2021 · confidence medium
“A protected property interest is a matter of state law involving ‘a legitimate claim to entitlement as opposed to a mere subjective expectancy.’” Snaza v. City of Saint Paul, 548 F.3d 1178, 1182-83 (8th Cir.2008) (quoting Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068, 1070 (8th Cir.1997)) “Property interests are not created by the 1 See https://generalassist.douglascounty-ne.gov/staff-director.
discussed Cited as authority (rule) Main St Properties LLC v. City of Bellevue, Nebraska (2×)
D. Neb. · 2021 · confidence medium
Bituminous Materials, Inc. v. Rice Cty., 126 F.3d 1068, 1070 (8th Cir. 1997)). 1.
cited Cited as authority (rule) Pietsch v. Ward County
D.N.D. · 2020 · confidence medium
See, e.g., Gallagher, 619 F.3d at 840 ; Bituminous Materials, Inc. v. Rice Cty., 126 F.3d 1068, 1070 (8th Cir. 1997).
discussed Cited as authority (rule) Cars Northwest Inc. v. City of Gladstone
D. Or. · 2020 · confidence medium
Rice Cty., Minn., 126 F.3d 1068, 1070 (8th Cir. 1997) (holding that city council meetings satisfied procedural due process protections where appellants given notice of meetings and opportunity to be heard at meetings).
discussed Cited as authority (rule) Leslie Salvage, Inc. v. City of Omaha (2×) also: Cited "see"
D. Neb. · 2019 · confidence medium
Substantive Due Process “To prevail on a substantive due process claim, plaintiff must first establish ‘a protected property interest to which the Fourteenth Amendment's due process protection applies,’” Bituminous Materials, Inc. v. Rice Cty., Minn., 126 F.3d 1068, 1070 (8th Cir. 1997) (quoting Ellis v. City of Yankton, 69 F.3d 915, 917 (8th Cir. 1995)), “and then demonstrate that the government action complained of is ‘truly irrational, that is something more than . . . arbitrary, capricious, or in violation of state law,’” Snaza v. City of Saint Paul, Minn., 548 F.3d 1178, 1…
discussed Cited as authority (rule) K. Earley v. B.R. Smith, in his capacity as Super. of SCI at Houtzdale
Pa. Commw. Ct. · 2018 · confidence medium
Cir. 1988) (citations and internal quotation marks omitted), or, in other words, is “truly irrational.” Bituminous Materials, Inc. v. Rice County, Minnesota, 126 F.3d 1068, 1070 (8th Cir. 1997); see Foucha v. Louisiana, 504 U.S. 71, 80 (1992).
discussed Cited as authority (rule) Carl and Janice Duffner v. City of St. Peters
Mo. Ct. App. · 2016 · confidence medium
Such a claim includes two elements: (1) “a protected property interest to which the Fourteenth Amendment’s due process protection applies,” and (2) “that the governmental action was ‘truly irrational’ ” Furlong Cos. v. City of Kansas City, 189 S.W.3d 157, 170 (Mo. banc 2006) (quoting Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir.1997)).
discussed Cited as authority (rule) Heath Adkisson v. Blytheville School District 5 (2×)
8th Cir. · 2015 · confidence medium
“A protected property interest is a matter of state law involving ‘a legitimate claim to entitlement as opposed to a mere subjective expectancy.’ ” Snaza v. City of Saint Paul, Minn., 548 F.3d 1178, 1182-83 (8th Cir.2008) (quoting Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068, 1070 (8th Cir. 1997)).
discussed Cited as authority (rule) Rochester City Lines, Co. v. City of Rochester
Minn. Ct. App. · 2014 · confidence medium
Bituminous Materials, Inc. v. Rice Cnty., Minn., 126 F.3d 1068, 1070 (8th Cir.1997) (“A claim to entitlement arises, for these purposes, when a statute or regulation places substantial limits on the government’s exercise of its licensing discretion.”); see also Northpointe Plaza, 465 N.W.2d at 689 (“[T]his court has specifically looked to the Eighth Circuit for guidance on the issue of whether a zoning action rises to the level of a violation of a substantive due process right.”).
cited Cited as authority (rule) Stevenson v. Blytheville School District No. 5
E.D. Ark. · 2013 · confidence medium
Davenport v. University of Arkansas Board of Trustees, 553 F.3d 1110, 1114 (8th Cir.2009); Bituminous Materials, Inc. v. Rice Co., Minn., 126 F.3d 1068, 1070 (8th Cir.1997).
cited Cited as authority (rule) Solum v. Board of County Commissioners
D. Minnesota · 2012 · confidence medium
Opp’n 22-23 (quoting Bituminous Materials, Inc. v. Rice Cnty., Minn., 126 F.3d 1068, 1071 (8th Cir.1997)).
discussed Cited as authority (rule) Uscoc of Greater Missouri v. Vill. of Marlborough
E.D. Mo. · 2009 · confidence medium
Corp. v. City of Chesterfield, 963 F.2d 1102 , 1104 (8th Cir.1992)), Rather, to succeed, a § 1983 plaintiff must demonstrate that the action complained of was "truly irrational." Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997). *1069 U.S. Cellular has alleged that the Village's decision was "truly irrational." I find that U.S. Cellular has sufficiently alleged enough facts at this stage to survive a motion to dismiss on this claim.
examined Cited as authority (rule) Suzanne Snaza v. The City of St. Paul, MN (3×) also: Cited "see"
8th Cir. · 2008 · confidence medium
To prove a due process violation in a local land use decision the plaintiff must identify a protected property interest to which the Fourteenth Amendment's due process protection applies, Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir. 1997), and then demonstrate that the government action complained of is "truly irrational, that is something more than. . .arbitrary, capricious, or in violation of state law," Koscielski, 435 F.3d at 902 .
examined Cited as authority (rule) Snaza v. City of Saint Paul, Minn. (3×) also: Cited "see"
8th Cir. · 2008 · confidence medium
To prove a due process violation in a local land use decision the plaintiff must identify a protected property interest to which the Fourteenth Amendment’s due process protection applies, Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997), and then demonstrate that the government action complained of is “truly irrational, that is something more than ... arbitrary, capricious, or in violation of state law,” Koseielski, 435 F.3d at 902 .
discussed Cited as authority (rule) Franzwa v. City of Hackensack
D. Minnesota · 2008 · confidence medium
“A protected property interest * * * is a ‘legitimate claim of entitlement* * * as opposed to a mere subjective expectancy.’ ” Bituminous Materials, Inc. v. Rice County, Minnesota, 126 F.3d 1068, 1070 (8th Cir.1997), quoting Batra v. Board of Regents of the University of Nebraska, 79 F.3d 717, 720 (8th Cir.1996), quoting, in turn, Board of Regents of State Colleges v. Roth, supra at 577, 92 S.Ct. 2701 .
discussed Cited as authority (rule) Foggy Bottom Ass'n v. District of Columbia Office of Planning
D.D.C. · 2006 · confidence medium
Id. (quoting Bituminous Materials v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997)); see also Littlefield v. Afton, 785 F.2d 596 , 602 (8th Cir.1986) (asking whether “the City’s decision making power is significantly and substantially restricted.”)).
discussed Cited as authority (rule) Doctor John's, Inc. v. City of Sioux City, IA
N.D. Iowa · 2006 · confidence medium
Co., Inc. v. Monroe County, Iowa, 257 F.3d 846, 853 (8th Cir.2001) (also recognizing that “there may be cases where land-use decisions are ‘so corrupted by the personal motives of local government officials that due process rights are implicated,’ ” quoting Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1071 (8th Cir.1997), but finding that the case before it was not such a case, because there was also no evidence that the zoning officials were motivated by any consideration other than the public welfare).
discussed Cited as authority (rule) ECOGEN, LLC v. Town of Italy
W.D.N.Y. · 2006 · confidence medium
Instead, “the proper inquiry is concerned with the existence of a conceivably rational basis, not whether that basis was actually considered by the legislative body.” Haves v. City of Miami, 52 F.3d 918, 922 (11th Cir.1995) (citation omitted); see also Dittman v. California, 191 F.3d 1020, 1031 (9th Cir.1999) (“we do not require that the government’s action actually advance its stated purposes, but merely look to see whether the government could have had a legitimate reason for acting as it did”), cert. denied, 530 U.S. 1261 , 120 S.Ct. 2717 , 147 L.Ed.2d 982 (2000); Bituminous Mater…
discussed Cited as authority (rule) Gunter v. City of St. James
Mo. Ct. App. · 2006 · confidence medium
“First, a claimant must establish ‘a protected property interest to which the Fourteenth Amendment’s due process protection applies.’ ” Id. (quoting Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir.1997)).
discussed Cited as authority (rule) Furlong Companies v. City of Kansas City
Mo. · 2006 · confidence medium
First, a claimant must establish “a protected property interest to which the Fourteenth Amendment’s due process protection applies.” Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir.1997).
cited Cited as authority (rule) Minnetonka Moorings, Inc. v. City of Shorewood
D. Minnesota · 2005 · confidence medium
Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1071 (8th Cir.1997).
discussed Cited as authority (rule) Corneal v. Jackson Tp., Huntingdon County, Pa. (2×)
M.D. Penn. · 2003 · confidence medium
Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997). “[T]o sustain such a claim, plaintiff must prove that the government action in question is ‘something more than ... arbitrary, capricious, or in violation of state law.’ ” Id. (quoting Chesterfield Dev.
discussed Cited as authority (rule) 3883 Connecticut LLC v. District of Columbia
D.C. Cir. · 2003 · confidence medium
A dispute is “genuine” only “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party,” Morgan, 328 F.3d at 650 (internal quotations omitted), and a moving party is “ ‘entitled to a judgment as a matter of law’ ” if the non-moving party “‘fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.’ ” Id. (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986)). *1072 A. We determine w…
examined Cited as authority (rule) Heritage Development of Minnesota, Inc. v. Carlson (3×) also: Cited "see, e.g."
D. Minnesota · 2003 · confidence medium
A. Substantive Due Process To prevail on its claim of deprivation of substantive due process, plaintiff must first establish a “protected property interest to which the Fourteenth Amendment’s due process protection applies.” Bituminous Materials, Inc. v. Rice County, Minnesota, 126 F.3d 1068, 1070 (8th Cir. 1997).
examined Cited as authority (rule) George Washington University v. District Of Columbia (3×)
D.C. Cir. · 2003 · confidence medium
See RRI Realty Corp. v. Village of Southampton, 870 F.2d 911 , 917 (2d Cir.1989); Gardner v. Baltimore, 969 F.2d 63 , 68 (4th Cir.1992); Bituminous Materials v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997); Jacobs, Visconsi & Jacobs Co. v. City of Lawrence, 927 F.2d 1111 (10th Cir.1991); Spence v. Zimmerman, 873 F.2d 256, 258 (11th Cir.1989).
examined Cited as authority (rule) George WA Univ v. DC (3×)
D.C. Cir. · 2003 · confidence medium
See RRI Realty Corp. v. Village of Southampton, 870 F.2d 911, 917 (2d Cir. 1989); Gardner v. Baltimore, 969 F.2d 63 , 68 (4th Cir. 1992); Bituminous Materials v. Rice County, 126 F.3d 1068, 1070 (8th Cir. 1997); Jacobs, Visconsi & Jacobs Co. v. City of Lawrence, 927 F.2d 1111 (10th Cir. 1991); Spence v. Zimmerman, 873 F.2d 256, 258 (11th Cir. 1989).
examined Cited as authority (rule) George Washington University v. District of Columbia (6×)
D.C. Cir. · 2003 · confidence medium
See RRI Realty Corp. v. Village of Southampton, 870 F.2d 911, 917 (2d Cir. 1989); Gardner v. Baltimore, 969 F.2d 63 , 68 (4th Cir. 1992); Bituminous Materials v. Rice County, 126 F.3d 1068, 1070 (8th Cir. 1997); Jacobs, Visconsi & Jacobs Co. v. City of Lawrence, 927 F.2d 1111 (10th Cir. 1991); Spence v. Zimmerman, 873 F.2d 256, 258 (11th Cir. 1989).
examined Cited as authority (rule) TRI COUNTY LANDFILL ASS'N v. Brule County (6×) also: Cited "see, e.g."
S.D. · 2002 · confidence medium
See Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2708 , 33 L.Ed.2d 548, 561 (1972); Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir. 1997); Tri County II, 2000 SD 148 at ¶ 10 , 619 N.W.2d at 667 (citations omitted).
discussed Cited as authority (rule) Rozman v. City of Columbia Heights (2×)
8th Cir. · 2001 · confidence medium
Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir.1997); Chesterfield Dev.
cited Cited as authority (rule) Bennie Rozman v. City Of Columbia Heights
8th Cir. · 2001 · confidence medium
Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1070 (8th Cir. 1997); Chesterfield Dev.
discussed Cited as authority (rule) Parks Properties v. Maury County (2×)
Tenn. Ct. App. · 2001 · confidence medium
Woodwind Estates, Ltd. v. Gretkowski, 205 F.3d at 123 ; Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1069 (8th Cir.1997); Walz v. Town of Smithtown, 46 F.3d 162, 168 (2d Cir.1995); Reserve, Ltd. v. Town of Longboat Key, 17 F.3d at 1380 .
discussed Cited as authority (rule) Parks Properties v. Maury County
Tenn. Ct. App. · 2001 · confidence medium
Woodwind Estates, Ltd. v. Gretkowski, 205 F.3d at 123 ; Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1069 (8th Cir. 1997); Walz v. City of Smithtown, 46 F.3d 162 , 168 (2d Cir. 1995); Reserve, Ltd. v. Town of Longboat Key, 17 F.3d at 1380 .
discussed Cited as authority (rule) Iowa Coal Mining Co., Inc. v. Monroe County, Iowa (2×) also: Cited "see"
8th Cir. · 2001 · confidence medium
While there may be cases where land-use decisions are "so corrupted by the personal motives of local government officials that due process rights are implicated," Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1071 (8th Cir. 1997), this is not such a case.
discussed Cited as authority (rule) IA Coal Mining Co. v. Monroe County, Iowa (2×) also: Cited "see"
8th Cir. · 2001 · confidence medium
While there may be cases where land-use decisions are “so corrupted by the personal motives of local government officials that due process rights are implicated,” Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1071 (8th Cir.1997), this is not such a case.
examined Cited as authority (rule) Tri County Landfill Ass'n v. Brule County (4×)
S.D. · 2000 · confidence medium
See, e.g., Graning v. Sherburne County, 172 F.3d 611, 617 (8th Cir.1999) (holding that to determine whether former state employee’s substantive due process rights were violated as a result of her termination by County, she must show that the government action was “truly irrational”); Bituminous Materials, Inc. v. Rice County, Minnesota, 126 F.3d 1068, 1070 (8th Cir.1997) (noting that for a road paving contractor to establish that County’s placement of restrictions on the issuance of a use permit was a violation of BMI’s substantive due process rights, they must establish that County�…
discussed Cited as authority (rule) Federal Lands Legal Consortium v. United States
10th Cir. · 1999 · confidence medium
It is well-settled, however, that “[p]roperty cannot be defined by the procedures provided for its deprivation.” Loudermill, 470 U.S. 532 , 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985) (internal quotation marks omitted); see also Bunger v. University of Oklahoma Bd. of Regents, 95 F.3d 987, 991 (10th Cir.1996) (“The university’s promise that it would follow certain procedural steps in considering the professors’ reappointment did not beget a property interest in reappointment.”); Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997) (“Procedures alone do not cre…
discussed Cited as authority (rule) Randy's Sanitation, Inc. v. Wright County, Minn.
D. Minnesota · 1999 · confidence medium
The Chesterfield court’s last statement was prescient, for in Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070-71 (8th Cir.1997), the Eighth Circuit determined that even a zoning decision motivated by personal ill will towards the plaintiff cannot give rise to a substantive due process claim.
cited Cited as authority (rule) Homeowner/Contractor Consultants, Inc. v. Ascension Parish Planning & Zoning Commission
M.D. La. · 1999 · confidence medium
Bituminous Materials v. Rice County, 126 F.3d 1068, 1070 (8th Cir.1997). 58 . 21 F.3d 1214 (2d Cir.1994). 59 .
discussed Cited "see" John Pietsch v. Ward County
8th Cir. · 2021 · signal: see · confidence high
See generally Bituminous Materials, Inc. v. Rice Cty., 126 F.3d 1068, 1070 (8th Cir. 1997) (describing a legitimate claim to entitlement, rather than a “mere subjective expectancy” as “a protected property interest”).
discussed Cited "see" Bellino Fireworks, Inc. v. City of Ankeny (2×)
S.D. Iowa · 2018 · signal: see · confidence high
See Bituminous Materials , 126 F.3d at 1070 .
discussed Cited "see" Javinsky-Wenzek v. City of St. Louis Park
D. Minnesota · 2011 · signal: see · confidence high
See Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068, 1070 (8th Cir.1997) (holding that a property right in a license exists where there are “substantial limits on the government’s exercise of its licensing discretion”); see also St.
cited Cited "see" Jeffrey Barstad v. Murray County
8th Cir. · 2005 · signal: see · confidence high
See Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1071-72 (8th Cir. 1997).
cited Cited "see" Jeffrey Barstad v. Murray County
8th Cir. · 2005 · signal: see · confidence high
See Bituminous Materials, Inc. v. Rice County, Minn., 126 F.3d 1068, 1071-72 (8th Cir.1997).
discussed Cited "see" Corneal v. Jackson Township
3rd Cir. · 2004 · signal: see · confidence high
See Bituminous Materials, Inc. v. Rice County, 126 F.3d 1068, 1070-71 (8th Cir. 1997) (despite personal animus, zoning board “had rational bases” to restrict the plaintiffs permit).
discussed Cited "see, e.g." Woodwind Estates, Ltd. v. W. J. Gretkowski
3rd Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Bituminous Materials, Inc. v. Rice County, Minnesota , 126 F.3d 1068, 1070 (8th Cir. 1997). 22 In this matter, the procedures for approval of subdivision plans are set forth in the Township's subdivision ordinance.
cited Cited "see, e.g." Woodwind Estates, Ltd. v. Gretkowski
3rd Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Bituminous Materials, Inc. v. Rice County, Minnesota, 126 F.3d 1068, 1070 (8th Cir.1997).
Retrieving the full opinion text from the archive…
BITUMINOUS MATERIALS, INC., Plaintiff-Appellant,
v.
RICE COUNTY, MINNESOTA, Defendant-Appellee
96-4202.
Court of Appeals for the Eighth Circuit.
Oct 2, 1997.
126 F.3d 1068
Gerald S. Duffy, Minneapolis, MN, argued (James A. Yarosh, on the brief), for Plaintiff-Appellant., Larry Dale Espel, Minneapolis, MN, argued (William J. Everett, on the brief), for Defendant-Appellee.
Loken, Lóken, Ross, Fenner.
Cited by 60 opinions  |  Published
LOKEN, Circuit Judge.

Bituminous Materials, Incorporated (“BMI”), is a road paving contractor serving Rice County, Minnesota, and surrounding areas. BMI must obtain a temporary equipment placement and operation use permit (“TEPOP”) from the Rice County Board of Commissioners before locating a temporary asphalt plant at a gravel pit in Rice County. In September 1994 and March 1995, the Rice County Board placed restrictions on a TEP-OP issued to BMI to operate a temporary asphalt plant at Camp’s Pit near Northfield, Minnesota. BMI responded by filing this lawsuit, claiming that Rice County’s irrational and discriminatory permitting actions violated BMI’s rights to substantive due process and equal protection and unduly interfered with interstate commerce. BMI appeals the district court’s [1] grant of summary judgment in favor of Rice County. Having reviewed the grant of summary judgment de novo, see Bannum, Inc. v. City of St. Charles, 2 F.3d 267, 270 (8th Cir.1993), we affirm.

[*1070] The Substantive Due Process Claim. To prevail on a substantive due process claim, plaintiff must first establish “a protected property interest to which the Fourteenth Amendment’s due process protection applies.” Ellis v. City of Yankton, (8th Cir.1995). A protected property interest, which is a question of state law, is “ ‘a legitimate claim to entitlement’ ... as opposed to a mere subjective expectancy.” Batra v. Board of Regents, 79 F.3d 717, 720 (8th Cir.1996), quoting Board of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 2708, 33 L.Ed.2d 548 (1972). A claim to entitlement arises, for these purposes, when a statute or regulation places substantial limits on the government’s exercise of its licensing discretion. Thus, the holder of a land use permit has a property interest if a state law or regulation limits the issuing authority’s discretion to restrict or revoke the permit by requiring that the permit issue upon compliance with terms and conditions prescribed by statute or ordinance. See Littlefield v. City of Afton, 785 F.2d 596, 602 (8th Cir.1986), which has been overruled on other grounds, see Chesterfield Dev. Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 n. 2 (8th Cir.1992). “[Pjrocedures alone [do not] create a substantive property right.” Stow v. Cochran, 819 F.2d 864, 866 (8th Cir.1987).

In this case, § 517.002 of the Rice County ordinances provides that a TEPOP “may be granted for the placement and operation of equipment which is incidental to the construction of public ... roads where found to be essential to the function intended,” (emphasis added). This ordinance does not limit the County Board’s discretion to deny or restrict a TEPOP sufficiently to grant BMI a property interest in the Camp’s- Pit or any other TEPOP. BMI’s interest in the permitting process therefore “amounts to nothing more than ‘an abstract need or desire,’ which is not sufficient to establish a protected property interest,” North Mem’l Med. Ctr. v. Gomez, 59 F.3d 735, 740 (8th Cir.1995). BMI relies upon Northpointe Plaza v. City of Rochester, 465 N.W.2d 686, 689 (Minn.1991), but that case is inapposite because it involved a conditional use permit. When an applicant for a conditional use permit complies with specified permit requirements, “approval of a permitted use follows as a matter of right.” Chanhassen Estates Residents Ass’n v. City of Chanhassen, 342 N.W.2d 335, 340 (Minn.1984).

Moreover, even if BMI could prove a constitutionally protected property interest, we agree with the district court that BMI has failed to prove the second element of a substantive due process claim, that the Board’s actions were “truly irrational.” In Chesterfield, we took a restrictive view of when land use planning decisions by local government agencies violate an aggrieved party’s substantive due process rights. Drawing on earlier opinions in Lemke v. Cass County, 846 F.2d 469, 471-73 (8th Cir.1987) (en banc) (Arnold, J., concurring), and Creative Environments, Inc. v. Estabrook, 680 F.2d 822, 833 (1st Cir.), cert. denied, 459 U.S. 989, 103 S.Ct. 345, 74 L.Ed.2d 385 (1982), we held that to sustain such a claim, plaintiff must prove that the government action in question is “something more than ... arbitrary, capricious, or in violation of state law.” 963 F.2d at 1104.

There is good reason for this judicial reluctance to intervene in such disputes. “To allow the loser of each zoning decision, both those who seek a change and those who seek to block changes, to sue in federal court on bald allegations of arbitrariness would significantly burden both federal courts and local zoning decisionmakers.” Queen Anne Courts v. City of Lakeville, 726 F.Supp. 733, 738 (D.Minn.1989), quoting Hope Baptist Church v. City of Bellefontaine Neighbors, 655 F.Supp. 1216, 1219 (E.D.Mo.1987). Thus, even allegations of bad faith enforcement of an invalid zoning ordinance do not, without more, state a substantive due process claim.

In this case, the Board had rational bases upon which to restrict BMI’s permit. The TEPOP ordinance mandates that the County Board “attach conditions to assure that the establishment, maintenance, or conducting of the use for which the permit is sought will not ... be unreasonably detrimental to the persons residing or working in the area ... or to the public welfare.” At a Rice County Board meeting, numerous residents of the growing community around Camp’s Pit expressed concerns about road damage, envi[*1071] ronmental damage, traffic, safety, and noise. The Board then extended the Camp’s Pit TEPOP but limited the gravel BMI could use and the paving projects it could serve from that asphalt plant. These conditions were rationally related to the concerns raised by local residents.

BMI argues that the Board’s decisions were motivated by the personal animus of three Commissioners toward BMI’s officer in charge of land use permit acquisition, Leland Tollefson. BMI contends that personal animus is a truly irrational basis for decision-making that will sustain a substantive due process claim. Relying on a passage in Chesterfield stating that planning disputes do not implicate substantive due process unless “tainted with fundamental procedural irregularity, racial animus, or the like,” 963 F.2d at 1104, quoting Creative Environments, 680 F.2d at 833, BMI argues that decisions based on personal animus fall within the phrase “or the like” and therefore violate substantive due process.

In support of its allegations, BMI submitted an affidavit by Tollefson, alleging in relevant part:

22. I believe that many of the Rice County’s restrictive permitting decisions relating to BMI have to do with Rice County Commissioners’ personal dislike of myself as opposed to legitimate reasons relating to BMI’s operation.... [For example, on one occasion] I expressed to [Rice County Attorney Meredith] Erickson that if blacktopping haul roads is the rule in Rice County, everybody should be required to abide by it. Her response was, “We are the county, we make the rules and we can change them as we choose.”
23. Rice County officials have admitted they treated BMI differently. Shortly after ... a competitor of BMI received its TEPOP in connection with the Interstate 35 project, Rice County Board Chairperson, Stan Pacolt, phoned me and stated, “We have been screwing you over.” In addition, at different times over the last two years, Rice County Commissioner, Dan Minnick, has reiterated Mr. Pacolt’s comment and he also told me that the County has been treating BMI unfairly.
24.Rice County Commissioner Dan Minnick has informed me that he heard Commissioners Robins and Robert Tuma make comments to the effect that they do not care if BMI ever does business in the county again. Mr. Minnick also informed me that Commissioners Robins, Tuma and Pacolt have a strong dislike of me and that in a meeting, Mr. Tuma referred to me as a SOB.

We conclude that these allegations are far too insubstantial to support a substantive due process claim. We acknowledge that there may be cases where land use decisions are so corrupted by the personal motives of local government officials that due process rights are implicated. Cf. Brady v. Town of Colchester, 863 F.2d 205, 216 (2d Cir.1988) (punishing a political opponent); Wilkerson v. Johnson, 699 F.2d 325, 328-29 (6th Cir.1983) (denying barber shop license to protect decisionmaker’s competing shop). But it would be inconsistent with the high threshold we established in Chesterfield to hold that a substantive due process claimant will survive summary judgment by alleging that a land use planning decisionmaker does not like the plaintiff. That sort of inquiry would indeed turn the federal courts into zoning boards of appeal. Therefore, the district court properly dismissed BMI’s substantive due process claim. [2]

The Equal Protection Claim. BMI next asserts that it has been denied equal protection of the laws because a competitor was contemporaneously issued TEPOPs with fewer restrictions and less rigorous enforcement. An equal protection claim of this type requires proof that the two competitors were similarly situated. See Anderson v. Douglas County, 4 F.3d 574, 577 (8th Cir.1993), cert. [*1072] denied, 510 U.S. 1113, 114 S.Ct. 1059, 127 L.Ed.2d 379 (1994). TEPOPs are necessarily site specific, with different asphalt plants and gravel pits potentially raising different public health, welfare, and safety concerns. BMI has produced no evidence that the asphalt plants and gravel pits in question were similarly situated in these respects. Thus, its equal protection claim is without merit.

The Commerce Clause Claim. Finally, BMI claims that Rice County impermissibly interfered with interstate commerce by prohibiting use of asphalt from the Camp’s Pit plant outside Rice County. Leaving aside BMI’s very questionable proof that such an absolute prohibition was imposed, its Commerce Clause theory is without merit. BMI presented no proof that the County’s intrastate restriction discriminated against out-of-state businesses or unduly burdened interstate commerce. BMI’s contention that it need not prove an actual impact on interstate commerce is preposterously overbroad — for it suggests that no product or commodity, no matter how dangerous or burdensome to transport, could ever be limited to local distribution — and totally at odds with our analysis in Ben Oehrleins & Sons & Daughter v. Hennepin County, 115 F.3d 1372, 1385-87 (8th Cir.1997). The district court correctly dismissed this Commerce Clause claim.

The judgment of the district court is affirmed.

1

. The HONORABLE ANN D. MONTGOMERY, United States District Judge for the District of Minnesota.

2

. BMI argues that it was an abuse of discretion to bar deposition discovery regarding the Rice County Commissioners' motives for the actions in question. We disagree for the reasons stated by the district court: the County provided transcripts of the relevant Board meetings, and BMI’s unsupported allegations of personal ani mus did not warrant burdensome depositions of these government officials. See Stone's Auto Mart, Inc. v. City of Saint Paul, 721 F.Supp. 206, 211 (D.Minn.1989); cf. D.C.A. Dev. Corp. v. Ogden City Munic. Corp., 965 F.2d 827, 829 (10th Cir.1992).