Whether initial approval in a land development scheme creates a legitimate claim of entitlement for the purpose of establishing a property interest that is protected under the Fourteenth Amendment

QUESTIONS PRESENTED Whether initial approval in a land development scheme creates a legitimate claim of entitlement for the purpose of establishing a property interest that is protected under the Fourteenth Amendment via the entitlement test set out in Board of Regents of State Colleges et al v. Roth, 408 U.S. 564, 577 (1972), and adopted by the lower courts. Whether, where relevant state law and local regulations and unambiguous previous actions of a Regional Planning Commission support a legitimate claim of entitlement or justifiable expectation of approval in a land development scheme, the Court should find a property interest that is protected under the Fourteenth Amendment. Whether a Regional Planning Commission, acting in an administrative capacity, 1s acting arbitrarily and capriciously when it exercises discretion beyond the scope of existing standards and guidelines. Whether this Court should provide a definitive standard of review for citizens that have a substantive due process right not to be subjected to arbitrary and capricious or irrational land use decisions. ii LIST OF ALL PARTIES The parties to the judgment from which review is sought are Petitioners Ronald W. Ogle, Betty Ogle, Jerry Kerley, Mark T. White, John C. Schubert, collectively doing business as High Bridge Development Partnership. They were parties in all proceedings below. Respondents are the Sevier County Regional Planning Commission and Sevier County, Tennessee. CORPORATE DISCLOSURE Pursuant to Rule 29.6 of this Court’s Rules, petitioner High Bridge Development Partnership has no parent company, and no publicly held corporations owns 10% or more of its stock. RELATED CASES e Ogle v. Sevier Cty. Reg'l Planning Comm'n, No. 3:09-cv-00537, United States District Court for the Eastern District of Tennessee. Judgment entered March 20, 2019. e Ogle v. Sevier Cty. Reg'l Planning Comm'n, No. 19-6327, United States Court of Appeals for the Sixth Circuit. Judgment entered December 9, 2020. iii