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Fighting for due process rights for property owners

Kentner v. City of Sanibel


Contact: Mark Miller and Christina M. Martin

Status: PLF attorneys directly represent the Kentners and several other property owners in challenging the ordinance as a violation of their property rights under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. U.S. Supreme Court denied the petition for writ of certiorari on January 12, 2015.
 
Summary:
The City of Sanibel, Florida, enacted an ordinance that prohibits new construction of docks and accessory piers within an area fronting San Carlos Bay. The petitioners — owners of waterfront property — challenged the ordinance, claiming that the outright ban on new docks violates substantive due process. The district court, however, concluded that traditional property rights are not protected by due process, and granted Sanibel’s motion to dismiss the lawsuit. The Eleventh Circuit affirmed, concluding that, as a matter of circuit law, traditional property rights are not among the fundamental rights and privileges protected by the Due Process Clause. PLF’s petition for certiorari notes that the right to property is a fundamental right implicit in the concept of ordered liberty, and the Eleventh Circuit’s decision conflicts with the decisions of other circuit courts of appeals and the United States Supreme Court.

 

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