CEnergy-Glenmore Wind Farm #1 v. Town of Glenmore

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CEnergy filed suit against Glenmore claiming a denial of its right under the Fourteenth Amendment to substantive due process and a violation of the town's state law obligation to deal in good faith. While CEnergy obtained a conditional use permit from Glenmore to develop a wind farm, the company failed to obtain required building permits in time to take advantage of a lucrative opportunity to sell electricity generated by wind turbines to a Wisconsin power company. The court concluded that the town board's decision to delay action on CEnergy's building permit requests could not have been arbitrary in the constitutional sense. Even if the board's treatment of the building permit applications had been arbitrary in the constitutional sense, CEnergy still would have failed to state a substantive due process claim where a plaintiff who ignores potential state law remedies cannot state a substantive due process claim based on a state-created property right. Accordingly, the court affirmed the judgment of the district court. View "CEnergy-Glenmore Wind Farm #1 v. Town of Glenmore" on Justia Law