Scott Hutchison, Plaintiff Below, Appellee v. the City of Huntington, Defendant Below, Appellant

Summary

The court held that the City's statutory immunity barred the plaintiff's state constitutional due-process claim because the claim arose from the City's permitting functions. Although the mayor, planning supervisor, and Planning Commission could represent municipal policy for purposes of the federal claim, the City's four-month delay in issuing the permit did not violate due process because the plaintiff received consideration under articulated standards within a reasonable time and showed no improper motive. The court therefore reversed the judgment and directed dismissal of the action.