Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al.
AdministrativeLaw DueProcess
Whether, and to what extent, a court must give deference to a plaintiff's complaint and view the government's rational basis as a rebuttal presumption, or whether a court may hypothesize its own rational basis unrestrained from the factual allegations
QUESTIONS PRESENTED 1. Whether, and to what extent, on a Rule 12(b)(6) motion to dismiss, a court must give deference to a plaintiff’s complaint, viewing the government’s rational basis as a rebuttal presumption, as the Seventh, Fourth, and Tenth Circuits have held; or whether a court may hypothesize its own rational basis unconstrained from the factual allegations, as the Fifth, Eighth, and D.C. Circuits have held. 2. Whether a plaintiff’s real property ownership is a sufficient property interest to enable a substantive due process challenge to a city’s land use decisions, as decisions of this Court have implicitly held, since Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365 (1926).