ABSTRACT
The ordinance raises a procedural due process problem if the procedures provided for the consideration of demolition permits are inadequate. Procedural due process in the land use context is required only for administrative or quasi-judicial decision-making. In states such as Oregon, procedural due process requirements may also apply to certain legislative acts because the courts have held that they are quasi-judicial. The landowner brings suit, claiming a procedural due process violation. A state court would hold that procedural due process requirements are violated if it characterized the variance decision-making process as a quasi-judicial administrative process. Procedural due process requirements in some states are governed by the state administrative procedure act if this act applies to local land use decisions. A federal courts, and most state courts, would hold that the board's decision violated procedural due process. The federal courts apply a flexible balancing test adopted by the Supreme Court to determine whether procedural due process is violated.
