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Agenda - Planning Commission - 08/02/2007
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Agenda - Planning Commission - 08/02/2007
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Last modified
3/21/2025 9:42:00 AM
Creation date
7/27/2007 3:20:22 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
08/02/2007
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<br />Zoning Bulletin <br /> <br />criminated against "because of [its] identification ~ith a particular <br />(presumably disadvantaged) group." <br />While the store briefly noted that it was ovvned, operated, and pa- <br />tronized ahnost entirely by individuals of Polish ancestry, the state- <br />ment was made abstractly and did not suggest that it was the basis <br />for its equal protection claim. Because the store did not adequately <br />state the basis for the alleged violation, the city's motion to dismiss <br />this claim was granted. <br />Finally, the due process claim was allowed to proceed. Although <br />the city argued that any due process violation that may have occurred <br />did not rise to the necessary standard of "shocking the conscious," <br />the court found that the store had adequately stated a claim that its <br />due process had been denied, noting that "support arone's allegations <br />comes at trial," not at the pleading stage. <br /> <br /> <br />12 <br /> <br />170 <br />
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