Judson Hawkins, et al. v. Ohio Department of Natural Resources
AdministrativeLaw DueProcess FifthAmendment JusticiabilityDoctri
Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts?
QUESTIONS PRESENTED FOR REVIEW This case involves state executive agency actions in relation to individual property owners and whether state statutes and administrative rules can be capriciously and arbitrarily interpreted in such a manner as to deprive an individual property owner of any chance to win against administrative agency actions. The questions raised are the following: (1) Does the Due Process Clauses of the Fifth and Fourteenth Amendment to the United States Constitution guarantee a substantive right to prevail against the state when supported by the facts? (2) Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution permit a state administrative agency to interpret statutes and administrative rules in such a manner that deny an individual a procedural right to prevail at trial and upon appeal?