Onyx Properties, LLC v Board of County Commissioners of Elbert County Colorado; Quinn v Board

Onyx, Quinn and other landowners sued Board under 42 USC 1983 alleging the failure to hold a hearing before enforcing zoning rules and maps violated procedural and substantive due process. Onyx appealed summary judgment to Board on its procedural rights claim and Quinn dismissal with prejudice of his procedural and substantive claims. The panel affirmed. It held that while Board may have violated state law by not holding a hearing, under Supreme Court precedent there is no due process right to be heard in the legislative enactment context and the zoning rules and maps here were legislative acts. It noted this was consistent with the characterization of zoning rules in other circuits. As to the substantive due process claim, the panel held that the alleged cover up of failure to adopt the zoning rules and amps in an earlier hearing did not shock the panel conscience and thus did not state a claim.