Court of Appeals addresses standard for action by developer against Township
In Mettler Walloon v. Melrose Township, a developer sued the Township Planning Commission and Board of Zoning Appeals alleging a denial of his constitutional rights. He claimed that he had been denied both procedural and substantive due process when the Township refused to approve his Planned Unit Development relating to a boat house, antique boat business, and waterfront condominiums. Mettler Walloon maintained that the actions of the Township constituted a violation of 42 USC 1983, because the denial was arbitrary and egregious government conduct. The Court held that his claims did not meet the "shock the conscience" standard which must be met to sue a governmental entity for a denial of constitutional rights.