The enforcement of a zoning ordinance that is invalid under state law does not constitute a violation of substantive due process under the Fourteenth Amendment.
A development corporation sues a city under 42 U.S.C. § 1983, alleging that the city violated its substantive due process rights by enforcing a zoning ordinance and plan that were invalid under state law due to procedural defects. The central question is whether the enforcement of an invalid state zoning ordinance constitutes a federal constitutional violation. The court applies the rule that a violation of state law, even if egregious or done in bad faith, does not automatically create a federal substantive due process claim. Such claims are reserved for truly irrational governmental actions. Because the corporation’s claim rests solely on the city’s failure to comply with state statutory requirements, the court holds that no federal constitutional right was violated and affirms the dismissal of the complaint.
At page 1104 Limiting substantive due process to irrational action36 citing cases“more than that the government decision was arbitrary, capricious, or in violation of state law.”
- Stemler v. Borough of Parryville, No. 3:18-cv-01763 (M.D. Pa. Apr. 13, 2020).(decision would be the same even if the City had knowingly enforced the invalid zoning ordinance in bad faith . . . A bad-faith violation of state law remains only a violation of state law.)
- Singleton v. Cecil, 155 F.3d 983 (8th Cir. 1998).published ([S]ubstantive-due-process claims should be limited to ‘truly irrational’ governmental actions. An example would be attempting to apply a zoning ordinance only to persons whose names begin with a letter in the first hal…)
- Harmony Pointe v. City of Cottleville, No. 4:26-cv-00011 (E.D. Mo. Sept. 18, 2026). Corp., 963 F.2d at 1104.
- Middleton, No. 6:26-cv-02052 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Lee Delva Nelson v. Sara Breuss, No. 6:26-cv-02061 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Breuss, No. 6:26-cv-02050 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Zanbour, No. 6:26-cv-02060 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Ivanovich v. City of Union Missouri, No. 4:22-cv-01011 (E.D. Mo. Sept. 1, 2023). Corp., 963 F.2d at 1104)). “[E]ven allegations of bad faith enforcement of an invalid zoning ordinance do not, without more, state a substantive due process claim.” Id.
- Valentine v. Monroe Twp., No. 1:22-cv-04384 (D.N.J. Aug. 31, 2023).Like in Chesterfield Dev., the Court finds that the Consolidated Complaint does not contain any timely allegations that Defendants engaged in the kind of “truly irrational governmental actions” that shocks the conscience and gives rise to…
- Hansen v. Keifer, No. 8:20-cv-00373 (D. Neb. Feb. 1, 2021).Corp., 963 F.2d at 1105.
Show 26 more citing cases
- First Lutheran Church v. St. Paul, City of, The, No. 0:18-cv-00954 (D. Minn. Aug. 8, 2018). Even “[a] bad-faith violation of state law remains only a violation of state law.” Id. at 1105.
- Haji Azam v. City of Columbia Heights, 865 F.3d 980 (8th Cir. 2017).publishedCorp., 963 F.2d at 1105.
- RHJ Med. Ctr., Inc. v. City of DuBois, 754 F. Supp. 2d 723 (W.D. Pa. 2010).publishedThis Court is not prepared to sit as a “zoning court of appeals,” Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8th Cir.1992), and does not seek to “transform! ] run-of-the-mill zoning cases into cases of con…
- Highland Dev., Inc. v. Duchesne Cnty., 505 F. Supp. 2d 1129 (D. Utah 2007).published Id. at 1105.
- Furlong Companies v. City of Kansas City, 189 S.W.3d 157 (Mo. 2006).publishedThe truly irrational standard has been further defined as “something more than ... arbitrary, capricious, or in violation of state law.” Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8th Cir.1992); Frison v.…
- Minnetonka Moorings, Inc. v. City of Shorewood, 367 F. Supp. 2d 1251 (D. Minn. 2005).published Corp., 963 F.2d at 1104-05.
- Koscielski v. City of Minneapolis, 393 F. Supp. 2d 811 (D. Minn. 2005).published“To illustrate this heightened *817 standard for substantive due process claims in the zoning context, the Chesterfield court gave as an example of such irrationality a zoning ordinance applying only to persons whose names begin with a let…
- Corneal v. Jackson Tp., 313 F. Supp. 2d 457 (M.D. Pa. 2003).published Corp., 963 F.2d at 1104).
- Tri Cnty. Landfill Ass'n v. Brule Cnty., 2002 S.D. 32, 641 N.W.2d 147.publishedTherefore, a subsequent reversal of a prior decision by newly elected commissioners is clearly wrong, "arbitrary and capricious." These facts under Chesterfield go a long way to "give rise to a violation of rights secured by the Constituti…
- Tri Cnty. Landfill Ass'n v. Brule Cnty., 2000 S.D. 148, 619 N.W.2d 663.published “not automatically give rise to a violation of rights secured by the Constitution”
- Richard L. Gordon v. James A. Hansen, No. 97-3657 (8th Cir. Feb. 23, 1999).published(noting that substantive due process claims should be limited to "truly irrational" governmental action)
- Bituminous Materials, Inc. v. Rice Cnty., 126 F.3d 1068 (8th Cir. 1997).published “something more than ... arbitrary, capricious, or in violation of state law”
- Brunelle v. Town of South Kingstown, 700 A.2d 1075 (R.I. 1997).publishedChesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8th Cir.1992).
- Townes v. City of St. Louis, 949 F. Supp. 731 (E.D. Mo. 1996).publishedA plaintiff asserting a substantive due process claim must establish that the government action complained of is "truly irrational", that is, "something more than ... arbitrary, capricious, or in violation of state law." Anderson v. Dougla…
- James R. Anderson v. Douglas Cnty. Dennis Nagle, 4 F.3d 574 (8th Cir. 1993).published(For further elaboration on Littlefield and substantive due process, as opposed to procedural due process, see Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1104-05 (8th Cir.1992).) Anderson contends that his right…
- Achtien v. City of Deadwood, 814 F. Supp. 808 (D.S.D. 1993).published Corp., 963 F.2d at 1105.
- Hottinger v. Pope Cnty., 971 F.2d 127 (8th Cir. 1992).published Our decisions since Lowman have made it clear that "substantive-due-process claims should be limited to 'truly irrational' governmental actions." Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1104 (8th Cir.1992) (q…
- United Artists Theatre Circuit, Inc. v. Twp. Of Warrington, Pa, 316 F.3d 392 (3d Cir. 2003).published
- Nat'l Parks Conservation Assoc. v. Lower Providence Twp. Pennsylvania, 608 F. Supp. 2d 637 (E.D. Pa. 2009).published
- Clyde Weiler v. James Purkett Leah Embly, 137 F.3d 1047 (8th Cir. 1998).published
- Hill v. Hamilton Cnty. Pub. Hosp., 71 F. Supp. 2d 936 (N.D. Iowa 1999).published
- Aegis of Arizona, L.L.C. v. Town of Marana, 81 P.3d 1016 (Ariz. Ct. App. 2003).published
- Bellino Fireworks, Inc. v. City of Ankeny, 332 F. Supp. 3d 1071 (S.D. Iowa 2018).published
- ND Indoor RV Park v. State, 2025 ND 92, 20 N.W.3d 686.published
- Margaret Mary Martin v. City of Brentwood, 200 F.3d 1205 (8th Cir. 2000).published
- Javinsky-Wenzek v. City of St. Louis Park, 829 F. Supp. 2d 787 (D. Minn. 2011).published
At page 1105 Limiting substantive due process claims to egregious cases27 citing casescity’s knowing enforcement of invalid zoning ordinance, even if in bad faith, would not constitute “truly irrational” action that could give rise to substantive due process claim
- Harmony Pointe v. City of Cottleville, No. 4:26-cv-00011 (E.D. Mo. Sept. 18, 2026). Corp., 963 F.2d at 1104.
- Middleton, No. 6:26-cv-02052 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Lee Delva Nelson v. Sara Breuss, No. 6:26-cv-02061 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Breuss, No. 6:26-cv-02050 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Zanbour, No. 6:26-cv-02060 (N.D. Iowa Sept. 11, 2026).Corp., 963 F.2d at 1105.
- Rud v. Johnston, No. 0:23-cv-00486, 2023 WL 6318615 (D. Minn. Sept. 28, 2023).This theory is reserved for “truly egregious and extraordinary cases.” Id. at 1105.
- Hansen v. Keifer, No. 8:20-cv-00373 (D. Neb. Feb. 1, 2021).Corp., 963 F.2d at 1105.
- Bhakta v. City of Bridgeton, MO, No. 4:19-cv-01379 (E.D. Mo. June 9, 2020).Corp., 963 F.2d at 1105.
- Reints v. City of Rapid City, No. 5:13-cv-05043 (D.S.D. Feb. 18, 2020).(Docket 147 at pp. 24-27). “[T]he theory of substantive due process is properly reserved for truly egregious and extraordinary cases[.]” Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1105 (8th Cir. 1992).
- First Lutheran Church v. St. Paul, City of, The, No. 0:18-cv-00954 (D. Minn. Aug. 8, 2018). Even “[a] bad-faith violation of state law remains only a violation of state law.” Id. at 1105.
Show 16 more citing cases
- Haji Azam v. City of Columbia Heights, 865 F.3d 980 (8th Cir. 2017).publishedCorp., 963 F.2d at 1105.
- Carl & Janice Duffner v. City of St. Peters, 482 S.W.3d 811 (Mo. Ct. App. 2016).publishedCorp., 963 F.2d at 1105) (noting “[e]ven a bad faith violation of state law does not rise to the level of a substantive due process violation”; affirming dismissal of petition alleging city refused to issue license to flea market out of re…
- High. Materials, Inc. v. Whitemarsh Twp., 386 F. App'x 251 (3d Cir. 2010).unpublished Chesterfield involved the defendant city enforcing “an invalid zoning plan and ordinance” against a developer. 963 F.2d at 1103.
- Whittaker v. Cnty. of Lawrence, 674 F. Supp. 2d 668 (W.D. Pa. 2009).published“A bad-faith violation of state law remains only a violation of state law.” United Artists Theatre Circuit, Inc., 316 F.3d at 402 , quoting Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1105 (8th Cir.1992).
- Franzwa v. City of Hackensack, 567 F. Supp. 2d 1097 (D. Minn. 2008).publishedAs a consequence, the Plaintiff contends that we should find the failure of the Council members to obtain definite proof of his alleged homestead status, prior to confronting him at the meeting on *1107 May 1, 2006, or their failure to not…
- Highland Dev., Inc. v. Duchesne Cnty., 505 F. Supp. 2d 1129 (D. Utah 2007).published Id. at 1105.
- Cherry Hill Towers, L.L.C. v. Twp. of Cherry Hill, 407 F. Supp. 2d 648 (D.N.J. 2006).publishedUnited Artists, 316 F.3d at 402 (quoting Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1105 (8th Cir.1992)).
- Minnetonka Moorings, Inc. v. City of Shorewood, 367 F. Supp. 2d 1251 (D. Minn. 2005).published Corp., 963 F.2d at 1104-05.
- Corneal v. Jackson Twp., 94 F. App'x 76 (3d Cir. 2004).unpublishedAlthough the moratorium might not have been in accordance with state law when enacted, even “[a] bad-faith violation of state law remains only a violation of state law.” Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102…
- Corneal v. Jackson Tp., 313 F. Supp. 2d 457 (M.D. Pa. 2003).published Corp., 963 F.2d at 1104).
- Heritage Dev. of Minnesota, Inc. v. Carlson, 269 F. Supp. 2d 1155 (D. Minn. 2003).publishedThe courts have reserved “‘the theory of substantive due process ... for truly egregious and extraordinary cases....’” Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1105 (8th Cir. 1992).
- Rozman v. City of Columbia Heights, 268 F.3d 588 (8th Cir. 2001).published Corp., 963 F.2d at 1105; Myers v. Scott County, 868 F.2d 1017, 1018 (8th Cir.1989).
- L.C. Dev. Co. v. Lincoln Cnty., 996 F. Supp. 886 (E.D. Mo. 1998).publishedIn dismissing plaintiff’s claim, the Eighth Circuit held “[a] violation of state law remains only a violation of state law and does not amount to the kind of ‘truly irrational’ governmental action which gives rise to a substantive due proc…
- Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995).published(city’s knowing enforcement of invalid zoning ordinance, even if in bad faith, would not constitute “truly irrational” action that could give rise to substantive due process claim)
- Frison v. City of Pagedale, 897 S.W.2d 129 (Mo. Ct. App. 1995).published Chesterfield, 963 F.2d at 1105.
- Achtien v. City of Deadwood, 814 F. Supp. 808 (D.S.D. 1993).published Corp., 963 F.2d at 1105.
At page 1103 Enforcing invalid zoning plans and ordinances3 citing cases
- Onyx Props. LLC v. Bd. of Cnty. Commissioners, 838 F.3d 1039 (10th Cir. 2016).publishedAnd in Chesterfield Development Corp. v. City of Chesterfield, 963 F.2d 1102, 1103-05 (8th Cir. 1992), the Eighth Circuit held that there *1050 was no violation of substantive due process when the city enforced a comprehensive zoning ordin…
- High. Materials, Inc. v. Whitemarsh Twp., 386 F. App'x 251 (3d Cir. 2010).unpublished Chesterfield involved the defendant city enforcing “an invalid zoning plan and ordinance” against a developer. 963 F.2d at 1103.
- Frison v. City of Pagedale, 897 S.W.2d 129 (Mo. Ct. App. 1995).published Chesterfield, 963 F.2d at 1105.
Other citing cases
- Terry Draper v. City of Festus, 782 F.3d 948 (8th Cir. 2015).published
- Mark Koscielski Barbara Bergstrom v. City of Minneapolis, 435 F.3d 898 (8th Cir. 2006).published
v.
CITY OF CHESTERFIELD, a municipal corporation Frederic M. Steinbach Jade Garner Bute Charles Fawcett Barry Flachsbart Dick Hrabko Doug Hartman Dan Hurt June Schroeder Betty Hathaway Barbara McGuinness Douglas R. Beach
Chesterfield Development Corporation appeals from the District Court’s[1] dismissal of its lawsuit brought under 42 U.S.C. § 1983 for failure to state a claim. The Corporation claims the City of Chesterfield, its mayor, and its City Council members violated the Corporation’s substantive-due-process rights by enforcing an invalid zoning plan and ordinance against it. We affirm.
We recite the facts in the light most favorable to the Corporation. On June 1, 1988, the City of Chesterfield, Missouri, was incorporated. On June 18 and 20, 1988, the City enacted a comprehensive zoning plan and a zoning ordinance. Because the City failed to provide proper notice before adopting the plan and ordinance and failed to file its plan with the appropriate Recorder of Deeds Office, both of these enactments were invalid under state law. The City was not aware of the invalidity at the time.
In the meantime, the Corporation entered into a contract to buy real property within the Chesterfield city limits. The Corporation proposed to build a shopping center on the property. Under the City’s plan, however, the real estate was classified as non-urban and therefore not available for development as a shopping center. The Corporation’s contract to buy the property was contingent upon the property’s being rezoned by the City. The Corporation filed a petition for re-zoning with the City on November 1, 1988, requesting the City to change the property’s classification from non-urban to a “C-8” planned commercial district. On June 19, 1989, the City Council denied the request for re-zoning. Consequently, the Corporation was not able to buy or develop the property.
On August 17, 1989, the Corporation filed this action for damages under 42 U.S.C. § 1983, claiming that the City’s enforcement of an invalid zoning plan and ordinance against it had deprived it of property without due process of law. The Corporation claimed that the property was not subject to zoning without a valid ordinance and plan, and therefore the City had no right to restrict the Corporation’s development of the property. The District Court dismissed the Corporation’s complaint for failure to state a claim for which relief could be granted. The Corporation appeals.
The Corporation does not claim that the City infringed upon any of its procedural rights. Rather, the Corporation alleges[*1104] a substantive-due-process violation. It claims the City deprived it of its property, without due process of law, by enforcing an invalid ordinance against it.
In Lemke v. Cass County, Nebraska, 846 F.2d 469, 470-71 (8th Cir.1987) (en banc) (per curiam), we said that the question “[w]hether a substantive due process claim may arise from a denial of a zoning permit is an open question in this circuit and need not be decided in this case.” The concurring opinion, representing the views of five judges, argued that in zoning and land-use disputes with local governments, the plaintiff must allege something more than that the government decision was arbitrary, capricious, or in violation of state law.[2] Such claims, it asserted, are better addressed to state courts and administrative bodies. Otherwise, every violation of state law could be turned into a federal constitutional tort. The concurrence then went on to state that substantive-due-process claims should be limited to “truly irrational” governmental actions. Id. at 472. An example would be attempting to apply a zoning ordinance only to persons whose names begin with a letter in the first half of the alphabet.
The Lemke concurrence quoted with approval (and so do we) the following passage from Creative Environments, Inc. v. Estabrook, 680 F.2d 822 (1st Cir.), cert. denied, 459 U.S. 989, 103 S.Ct. 345, 74 L.Ed.2d 385 (1982):
Such a claim is too typical of the run of the mill dispute between a developer and a town planning agency, regardless of [plaintiff’s] characterizations of it and of defendants’ alleged mental states, to rise to the level of a due process violation. The authority cited by [plaintiff], as well as other cases, all suggest that the conventional planning dispute — at least when not tainted with fundamental procedural irregularity, racial animus, or the like — which takes place within the framework of an admittedly valid state subdivision scheme is a matter primarily of concern to the state and does not implicate the Constitution. This would be true even were planning officials to clearly violate, much less “distort” the state scheme under which they operate. A federal court, after all, “should not ... sit as a zoning board of appeals.” Village of Belle Terre v. Boraas, 416 U.S. 1, 12, 94 S.Ct. 1536, 1542, 39 L.Ed.2d [797] (1974) (Marshall, J., dissenting). Every appeal by a disappointed developer from an adverse ruling by a local ... planning board necessarily involves some claim that the board exceeded, abused or “distorted” its legal authority in some manner, often for some allegedly perverse (from the developer’s point of view) reason. It is not enough simply to give these state law claims constitutional labels such as “due process” or “equal protection” in order to raise a substantial federal question under section 1983. As has been often stated, “[t]he violation of a state statute does not automatically give rise to a violation of rights secured by the Constitution.” Crocker v. Hakes, 616 F.2d 237, 239 n. 2 (5th Cir.1980) (per curiam).
Id. at 833 (emphasis in original) (footnote omitted). The First Circuit has recently reaffirmed this ruling. PFZ Properties, Inc. v. Rodriguez, 928 F.2d 28 (1st Cir.1991), cert. dismissed as improvidently granted, — U.S. —, 112 S.Ct. 1151, 117 L.Ed.2d 400 (1992).
Plaintiff seeks to distinguish the Lemke concurrence and Creative Environments by seizing upon the phrase “admittedly valid” in the quotation just set out. Only if a state subdivision scheme is “admittedly valid,” it argues, does the rule of Creative Environments apply. Here, the Corporation says, the zoning ordinance and plan, far from being “admittedly valid,” are[*1105] clearly invalid because of the lack of appropriate notice as required by state law. We disagree with this line of argument, ingenious though it is. We think the phrase “admittedly valid” should be read to refer to validity under the federal Constitution, not under state law. Otherwise, a mere violation of state law would automatically give rise to a federal substantive-due-process claim. In other contexts we have unequivocally held that a state-law error, no matter how fundamental, cannot in and of itself create a federal due-process violation. See, e.g., Meis v. Gunter, 906 F.2d 364 (8th Cir.1990). In Myers v. Scott County, 868 F.2d 1017, 1019 (8th Cir.1989), we stated that “the theory of substantive due process is properly reserved for truly egregious and extraordinary cases. We see no reason not to apply these holdings to a land-use dispute. Consequently, we expressly adopt the reasoning of the Lemke concurrence and reject the Corporation’s claim.
The Corporation further attempts to distinguish the concurrence in Lemke by arguing that it is not merely alleging a violation of state law. Rather, it contends that the complete absence of law to apply— because there was no valid zoning ordinance for the City to enforce—turns the state-law violation into a substantive-due-proeess violation. We reject this argument. The Corporation’s claim that no zoning applied to the property is, at bottom, nothing more than a claim that the City violated state law. The ordinance was invalid because the City adopted it at a hearing held thirteen days after notice of the hearing was published, instead of fifteen days as required by state law. The City claims it did not know the ordinance was invalid at the time it relied on the ordinance to deny the Corporation’s request for rezoning. Even in the absence of valid municipal zoning, however, the City claims that the property remained zoned as non-urban because St. Louis County’s zoning remained applicable to the property before it adopted its own valid zoning on March 5, 1990. Thus, the City at least had an arguably valid state-law ground for enforcing non-urban zoning at the disputed property site.
Our decision would be the same even if the City had knowingly enforced the invalid zoning ordinance in bad faith and had no claim that St. Louis County zoning applied to the property. A bad-faith violation of state law remains only a violation of state law. Consequently, we reject the Corporation’s assertion that the City’s enforcement of an invalid zoning ordinance is the kind of “truly irrational” governmental action which gives rise to a substantive-due-process claim. This does not mean that the conduct alleged is not actionable under state law, still less that we approve of it. It means only that no right created by the Due Process Clause of the Fourteenth Amendment has been violated.
The District Court properly dismissed the Corporation’s complaint for failure to state a claim cognizable under § 1983. The judgment of the District Court is
Affirmed.
The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.
The Corporation’s reliance on the panel opinion in Littlefield v. City of Afton, 785 F.2d 596 (8th Cir.1986), is misplaced. In Littlefield, the panel held that the plaintiffs “stated a substantive due process claim when they alleged that the City acted capriciously and arbitrarily...." Id. at 607. The en banc Court in Lemke, citing Littlefield, expressly stated that the question whether an allegation of arbitrary and capricious action on a zoning matter stated a federal substantive-due-process claim was open in this Circuit. Consequently, Littlefield is not binding precedent on this issue, and has not been since the filing of the en banc opinion in Lemke.