Estate of Parker v. Sedona Golf Resort, L.C. (2007)

See, e.g., Ex parte Hood, 211 S.W.3d 767, 770 (Tex.Crim.App.) (concluding that § 5(a)(1) did not authorize the CCA to consider the merits of a claim presented in a successive habeas application "because the legal bases upon which applicant relies were available at the time he filed his second application” and undertaking no discussion of the prima facie merits of the applicant’s claim), cert. denied, 552 U.S. 829 , 128 S.Ct. 48 , 169 L.Ed.2d 43 (2007), reconsideration grante…

See Crocker v. United States, 125 F.3d 1475, 1476 (Fed.Cir.1997) (citing LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed.Cir.1995) (no jurisdiction over a due process violation under the Fifth and Fourteenth Amendments)); see also In re United States, 463 F.3d 1328 , 1335 n.5 (Fed.Cir.) (“[B]e-cause the Due Process Clause is not money-mandating, it may not provide the basis for jurisdiction under the Tucker Act.”), reh’g and reh’g en banc denied (Fed.Cir.2006), cert. denie…

See Crocker v. United States, 125 F.3d 1475, 1476 (Fed.Cir.1997) (citing LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed.Cir.1995)) (no jurisdiction over a due process violation under the Fifth and Fourteenth Amendments); see also In re United States, 463 F.3d 1328 , 1335 n. 5 (Fed.Cir.) (“[B]e-cause the Due Process Clause is not money-mandating, it may not provide the basis for jurisdiction under the Tucker Act.”), reh’g and reh’g en banc denied (Fed.Cir.2006), cert. deni…

See also Vision Church v. Village of Long Grove, 468 F.3d 975 , 1001 (7th Cir.2006) (preventing noise pollution is a legitimate municipal land planning goal), cert. denied, 552 U.S. 940 , 128 S.Ct. 77 , 169 L.Ed.2d 243 (2007); Grace United Methodist Church v. City Of Cheyenne, 451 F.3d 643, 659 (10th Cir.2006) (“There can be little doubt that the City’s zoning ordinance is rationally related to a legitimate government purpose: the promotion of public health, safety, and gene…

To prove that a statute or regulation is money mandating, plaintiff must demonstrate that the source of substantive law “relied upon can fairly be interpreted as mandating compensation by the federal government for the damage sustained.” United States v. Mitchell, 463 U.S. at 216-17 , 103 S.Ct. 2961 (quoting United States v. Testan, 424 U.S. at 400 , 96 S.Ct. 948 ); see also In re United States, 463 F.3d 1328, 1333 (Fed.Cir.), reh’g and reh’g en banc denied (Fed.Cir.2006), c…

See also Vision Church, United Methodist v. Village of Long Grove, 468 F.3d 975, 999 (7th Cir.2006) (holding that village’s approval of church’s special use permit for new sanctuary construction with restrictions on future building and church activity limitations during the week imposed “no more than incidental burdens on the exercise of religion”), rehearing and rehearing en banc denied, January 10, 2007, cert. denied, — U.S.-, 128 S.Ct. 77 , 169 L.Ed.2d 243 (2007).